Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17, v. 36th Street Property Inc. et al
| Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17, |
| 36th Street Property Inc., HR 442 Corp., Ae Sook Choi, Jin Sup An, New York City Department of Finance, New York City Environmental Control Board, NewBank, John Doe No. 1 through John Doe No. 100 and John Doe No. 1 to John Doe No. 100 |
| Janus Hotel Management Services, LLC |
| 1:2022cv00302 |
| January 12, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Filing 111 NOTICE OF APPEARANCE by Michele Mirro on behalf of New York City Environmental Control Board..(Mirro, Michele) |
Filing 110
ORDER denying #97 Motion to Amend/Correct #97 MOTION to Amend/Correct #96 Memo Endorsement,,,,,,,,, Set Deadlines,,,,,,,, ., #104 CROSS MOTION to Stay Proceedings as against Ae Sook Choi and Jin Sup An. ; granting #104 Letter Motion to Stay re: #97 MOTION to Amend/Correct #96 Memo Endorsement,,,,,,,,, Set Deadlines,,,,,,,, ., #104 CROSS MOTION to Stay Proceedings as against Ae Sook Choi and Jin Sup An. It is hereby ORDERED that the Guarantor Defendants' motion to stay the proceedings against them is GRANTED. This action is STAYED until further order of this Court. Plaintiff's motion for leave to amend the complaint is DENIED without prejudice to renewal following the lifting of the stay. Within one week after the bankruptcy stay expires as to the Debtor Defendants, the parties shall file a joint letter, with each side's portion of the letter not to exceed three pages, stating how the resolution of the bankruptcy proceeding affects the claims in this case and stating each party's position on how to proceed. (Signed by Judge Lorna G. Schofield on 6/8/2022) (jca)
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| Filing 109 REPLY MEMORANDUM OF LAW in Support re: #104 CROSS MOTION to Stay Proceedings as against Ae Sook Choi and Jin Sup An. in Further Support. Document filed by Jin Sup An, Ae Sook Choi. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kishner, Bryan) |
| Filing 108 MEMORANDUM OF LAW in Opposition re: #97 MOTION to Amend/Correct #96 Memo Endorsement,,,,,,,,, Set Deadlines,,,,,,,, ., #104 CROSS MOTION to Stay Proceedings as against Ae Sook Choi and Jin Sup An. Memorandum of Law in Opposition to Cross Motion and in Reply in Further Support of Motion for Leave to Amend. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 107 AFFIRMATION of Bryan W. Kishner, Esq. in Support re: #104 CROSS MOTION to Stay Proceedings as against Ae Sook Choi and Jin Sup An.. Document filed by Jin Sup An, Ae Sook Choi. (Attachments: #1 Exhibit Exhibit A Langdon Title Report).(Kishner, Bryan) |
| Filing 106 AFFIDAVIT of Ae Sook Choi in Support re: #104 CROSS MOTION to Stay Proceedings as against Ae Sook Choi and Jin Sup An.. Document filed by Jin Sup An, Ae Sook Choi. (Attachments: #1 Exhibit Exhibit 1 March-June 2020 email communications, #2 Exhibit Exhibit 2 April 2020 Hardship Letter, #3 Exhibit Exhibit 3 June 17, 2020 Loan Transfer Letter, #4 Exhibit Exhibit 4 List of Documents to Provide to Rialto, #5 Exhibit Exhibit 5 Executed PNL, #6 Exhibit Exhibit 6 July 20, 2020 Default Letter, #7 Exhibit Exhibit 7 July 27, 2020 Hardship Letter, #8 Exhibit Exhibit 8 Payoff Demand Letter, #9 Exhibit Exhibit 9 Notice of Appointment, #10 Exhibit Exhibit 10 Notice of Acceleration, #11 Exhibit Exhibit 11 June 2021 Default Letter, #12 Exhibit Exhibit 12 Hardship Declaration Notice and Form, #13 Exhibit Exhibit 13 Completed Hardship Declaration).(Kishner, Bryan) |
| Filing 105 MEMORANDUM OF LAW in Support re: #104 CROSS MOTION to Stay Proceedings as against Ae Sook Choi and Jin Sup An. and in Opposition to Plaintiff's Motion for Leave to Amend. Document filed by Jin Sup An, Ae Sook Choi..(Kishner, Bryan) |
| Filing 104 CROSS MOTION to Stay Proceedings as against Ae Sook Choi and Jin Sup An. Document filed by Jin Sup An, Ae Sook Choi..(Kishner, Bryan) |
| Filing 103 AFFIDAVIT OF SERVICE of Order dated April 27, 2022 served on NewBank on April 28, 2022. Service was accepted by Kippeum Jahng, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
| Filing 102 AFFIDAVIT OF SERVICE of Order dated April 27, 2022 served on New York City Department of Finance on April 28, 2022. Service was accepted by Linda Lawyer, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
| Filing 101 AFFIDAVIT OF SERVICE of Order dated April 27, 2022 served on New York City Environmental Control Board on April 28, 2022. Service was accepted by Linda Lawyer, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
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Filing 100
ORDER: It is hereby ORDERED that the hearing scheduled for April 27, 2022, at 4:20 P.M., is adjourned sine die. It is further ORDERED that Plaintiff shall serve a copy of this Order on the Defaulting Defendants and file affidavits of service by April 29, 2022. (Signed by Judge Lorna G. Schofield on 4/27/2022) (mml)
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| Filing 99 MEMORANDUM OF LAW in Support re: #97 MOTION to Amend/Correct #96 Memo Endorsement,,,,,,,,, Set Deadlines,,,,,,,, . . Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
| Filing 98 DECLARATION of David V. Mignardi, Esq. in Support re: #97 MOTION to Amend/Correct #96 Memo Endorsement,,,,,,,,, Set Deadlines,,,,,,,, .. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. (Attachments: #1 Exhibit Complaint, #2 Exhibit Order Granting the Appointment of Receiver, #3 Exhibit HR 442 Corp Bankruptcy Petition, #4 Exhibit 36th Street Property Inc Bankruptcy Petition, #5 Exhibit Joint Letter, #6 Exhibit April 19, 2022 Order, #7 Exhibit Proposed Order Granting Motion for Leave to Amend Complaint, #8 Exhibit Proposed Amended Complaint).(Mignardi, David) |
| Filing 97 MOTION to Amend/Correct #96 Memo Endorsement,,,,,,,,, Set Deadlines,,,,,,,, . Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
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Filing 96
MEMO ENDORSEMENT on re: #95 Letter, filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17. ENDORSEMENT: By April 26, 2022, Plaintiff shall file a motion for leave to amend the complaint or state its intention to file a new and related action against the Guarantors. The memorandum of law in support of the motion shall, among other things, (1) explain whether the better procedure in light of the Debtors' bankruptcy proceedings would be amendment of the Complaint or commencement of a new related action naming only Guarantors as Defendants, as in In re South Side House, LLC, 470 B.R. 659 (E.D.N.Y. 2012), and why; and (2) append a copy of a proposed amended complaint showing changes to the current Complaint, or the proposed new complaint. The memorandum of law shall not exceed five pages. By May 10, 2022, Guarantors shall file a cross-motion to stay and a single memorandum of law comprising (A) a response to Plaintiff's motion including what affirmative defenses Guarantors intend to assert against Plaintiff's claim to enforce the guarantee, the legal basis for those defenses, and what discovery they believe is necessary in support of those defenses, and (B) support for the cross-motion to stay, citing the applicable law for stay of proceedings against non-Debtor defendants in light of the Debtors' bankruptcy proceedings. The memorandum of law shall not exceed twenty-five pages. By May 24, 2022, Plaintiff shall file a single memorandum of law comprising (1) a reply on its motion, including a discussion of whether the Guarantors' proposed affirmative defenses are sound as a matter of law, and (2) an opposition to the cross-motion to stay. The memorandum of law shall not exceed twenty-five pages. By May 31, 2022, the Guarantors shall file a reply in support of the motion to stay, not to exceed five pages. So Ordered. (Cross Motions due by 5/10/2022. Motions due by 4/26/2022. Responses due by 5/24/2022. Replies due by 5/31/2022.) (Signed by Judge Lorna G. Schofield on 4/19/2022) (mml)
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| Filing 95 JOINT LETTER addressed to Judge Lorna G. Schofield from David V. Mignardi and Bryan W. Kishner dated April 15, 2022 re: Joint Letter Pursuant to Order dated April 7, 2022. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
| Filing 94 AFFIDAVIT OF SERVICE of Order to Show Cause Seeking Default Judgment served on New York City Department of Finance c/o The City of New York on 04/07/2022. Service was accepted by Linda Lawyer, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
| Filing 93 AFFIDAVIT OF SERVICE of Order to Show Cause Seeking Default Judgment served on NewBank on 04/08/2022. Service was accepted by Lippeum Jahng, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
| Filing 92 AFFIDAVIT OF SERVICE of Order to Show Cause Seeking Default Judgment served on New York City Environmental Control Board c/o The City of New York on April 7, 2022. Service was accepted by Linda Lawyer, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
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Filing 91
MEMO ENDORSEMENT on re: #70 Letter, filed by Janus Hotel Management Services, LLC. ENDORSEMENT: No sanctions will issue at this time for failure to comply with the Court's Orders appointing the Receiver. So Ordered. (Signed by Judge Lorna G. Schofield on 4/8/2022) (mml)
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Filing 90
ORDER: WHEREAS, an initial pretrial conference was held in this action on April 6, 2022. It is hereby ORDERED that, by April 15, 2022, Plaintiff and Defendants Ae Sook Choi and Jin Sup An shall file a joint letter stating their positions on whether and how this action should proceed in light of the bankruptcy proceedings involving Defendants 36 Street Property Inc. and HR 442 Corp., in which Plaintiff has appeared; and stating what discovery, if any, the parties plan to engage in during the pendency of the bankruptcy proceedings. In the letter, Plaintiff shall set forth any and all information about the bankruptcy proceedings that is relevant to this action. (Signed by Judge Lorna G. Schofield on 4/7/2022) (mml)
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Filing 89
ORDER TO SHOW CAUSE SEEKING DEFAULT JUDGMENT: Defendants New York City Department of Finance, New York City Environmental Control Board and Newbank shall show cause, telephonically on conference line 888-363-4749, using access code 558-3333, as to why an Order: (i) entering default judgment against the Defaulted Defendants as to liability only; and (ii) granting such other and further relief as this Court deems just, proper and equitable, should not be issued. Sufficient cause appearing therefore, Plaintiff shall serve a copy of this Order together with the papers upon which it is granted, upon each of the Defaulted Defendants by 4/8/2022. Let any opposition to the application of Plaintiff brought on by this Order to Show Cause be served upon Plaintiff by filing on ECF in the above-captioned case on or before 4/15/2022, and let reply to the opposition be served upon the Defaulted Defendants and filed on ECF on or before 4/22/2022. Plaintiff shall file proof of service of this Order on the Defaulted Defendants on ECF by 4/12/2022. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 83. SO ORDERED. (Show Cause Response due by 4/15/2022. Telephone Conference set for 4/27/2022 at 04:20 PM before Judge Lorna G. Schofield.) Motions terminated: #83 MOTION for Order to Show Cause Seeking Default Judgment filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17. (Signed by Judge Lorna G. Schofield on 4/6/2022) (mml) Modified on 4/11/2022 (mml).
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| Filing 88 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. Related Document Number: #86 ..(Mignardi, David) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David Mignardi to RE-FILE Document #83 MOTION for Order to Show Cause Seeking Default Judgment.. Use the event type Proposed Orders, Proposed Order to Show Cause without emergency relief. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #86 Proposed Default Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #88 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
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Filing 87
ORDER: WHEREAS, an initial pretrial conference is scheduled in this action for April 6, 2022, at 4:20 P.M. It is hereby ORDERED that the initial pretrial conference scheduled for April 6, 2022, at 4:20 P.M., is adjourned to April 6, 2022, at 4:40 P.M., on the following conference line: 888-363-4749, access code: 558-3333. Initial Conference set for 4/6/2022 at 04:40 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/5/2022) (mml)
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| Filing 86 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 85 AFFIDAVIT of Javier Callejas in Support re: #83 MOTION for Order to Show Cause Seeking Default Judgment.. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. (Attachments: #1 Exhibit Property Description, #2 Exhibit Loan Agreement, #3 Exhibit Note, #4 Exhibit Mortgage, #5 Exhibit ALR, #6 Exhibit Guaranty, #7 Exhibit Assignment of Mortgage to Interim Holder, #8 Exhibit Assignment of ALR to Interim Holder, #9 Exhibit Assignment of Mortgage into Plaintiff, #10 Exhibit Assignment of ALR into Plaintiff, #11 Exhibit July 2020 Notice of Default, #12 Exhibit November 2020 Notice of Accelaration, #13 Exhibit June 2021 Notice of Default).(Mignardi, David) |
| Filing 84 DECLARATION of David V. Mignardi, Esq. in Support re: #83 MOTION for Order to Show Cause Seeking Default Judgment.. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. (Attachments: #1 Exhibit Federal Complaint, #2 Exhibit Affidavit of Service upon DOF, #3 Exhibit Affidavit of Service upon ECB, #4 Exhibit Affidavit of Service upon NewBank, #5 Exhibit Affidavits of Service upon NewBank, DOF and ECB, #6 Exhibit Guarantors Answer to Complaint, #7 Exhibit Clerk's Certificate of Default upon DOF, #8 Exhibit Clerk's Certificate of Default upon ECB, #9 Exhibit Clerk's Certificate of Default upon NewBank).(Mignardi, David) |
| Filing 83 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause Seeking Default Judgment. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) Modified on 4/6/2022 (km). |
| Filing 82 CLERK'S CERTIFICATE OF DEFAULT as to NewBank.(km) |
| Filing 81 CLERK'S CERTIFICATE OF DEFAULT as to New York City Environmental Control Board.(km) |
| Filing 80 CLERK'S CERTIFICATE OF DEFAULT as to New York City Department of Finance.(km) |
| Filing 79 DECLARATION of David V. Mignardi in Support re: #78 Proposed Clerk's Certificate of Default, #76 Proposed Clerk's Certificate of Default, #77 Proposed Clerk's Certificate of Default,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. (Attachments: #1 Exhibit A).(Mignardi, David) |
| Filing 78 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/1/2022 (km). |
| Filing 77 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/1/2022 (km). |
| Filing 76 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/1/2022 (km). |
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Filing 75
MEMO ENDORSEMENT on re: #73 Letter, filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17. ENDORSEMENT Application GRANTED. Plaintiff shall comply with the default judgment procedure outlined in Attachment A of this court's Individual Rules, including filing a proposed order to show cause with supporting papers and a proposed order of default judgment by April 5, 2022. (Signed by Judge Lorna G. Schofield on 3/30/2022) (vfr)
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| Filing 74 JOINT LETTER addressed to Judge Lorna G. Schofield from David V. Mignardi, Esq. and Bryan W, Kishner, Esq. dated March 30, 2022 re: Advance of Initial Conference. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. (Attachments: #1 Exhibit Proposed Case Management Plan and Scheduling Order).(Mignardi, David) |
| Filing 73 LETTER addressed to Judge Lorna G. Schofield from David V. Mignardi, Esq. dated March 30, 2022 re: Plaintiff's Presentment of an Order to Show Cause seeking entry of default judgment. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
| Filing 72 ANSWER to #1 Complaint,,. Document filed by Jin Sup An, Ae Sook Choi..(Kishner, Bryan) |
| Filing 71 LETTER addressed to Judge Lorna G. Schofield from Joel Lim on behalf of Individual Defendants Ae Sook Choi and Jin Sup An dated March 28, 2022 re: Compliance with Receivership. Document filed by Jin Sup An, Ae Sook Choi..(Kishner, Bryan) |
| Filing 70 LETTER addressed to Judge Lorna G. Schofield from Eric L. Glazer, General Counsel dated March 25, 2022 re: in Response to Defendants' Compliance of Receivership Order. Document filed by Janus Hotel Management Services, LLC..(Brandofino, Keith) |
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Filing 69
ORDER FOR INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that, as the case is stayed as to Defendants 36th Street Property Inc. and HR 442 Corp. pending resolution of their respective bankruptcy proceedings, Defendants Ae Sook Choi and Jin Sup An shall file a letter on May 9, 2022, and every 45 days thereafter regarding the status of the bankruptcy proceedings. It is further ORDERED that, if Plaintiff is in communication with Defendants New York City Department of Finance, New York City Environmental Control Board, and NewBank, the parties other than Defendants 36th Street Property Inc. and HR 442 Corp. shall file the joint letter and proposed case management plan as soon as possible and no later than March 30, 2022, at 12:00 P.M., and shall explain why they have not complied with the Courts deadlines. If Defendants New York City Department of Finance, New York City Environmental Control Board, and NewBank refuse to cooperate in the preparation of these documents, Plaintiff and Defendants Ae Sook Choi and Jin Sup An shall prepare and file them. If Plaintiff is not in communication with Defendants New York City Department of Finance, New York City Environmental Control Board, and NewBank, no later than March 30, 2022, at 12:00 P.M., Plaintiff shall file a letter proposing a date prior to the conference to present an Order to Show Cause for default judgment as to Defendants New York City Department of Finance, New York City Environmental Control Board, and NewBank, and related papers as provided in the Court's Individual Rules. It is further ORDERED that the initial pretrial conference scheduled for March 30, 2022, at 4:20 P.M. is adjourned to April 6, 2022, at 4:20 P.M. (Signed by Judge Lorna G. Schofield on 3/24/2022) Initial Conference set for 4/6/2022 at 04:20 PM before Judge Lorna G. Schofield. (ks)
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Filing 68
MEMO ENDORSEMENT on re: #63 Letter, filed by 36th Street Property Inc., HR 442 Corp., Ae Sook Choi, Jin Sup An. ENDORSEMENT: Receiver shall file a letter by March 25, 2022, stating whether Defendants have complied with the Orders appointing the Receiver, at Dkt. Nos. 54 and 55, and stating whether there are any outstanding issues with Defendants' compliance. (Signed by Judge Lorna G. Schofield on 3/23/2022) (rro)
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| Filing 67 LETTER addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated March 23, 2022 re: Ch. 11 Bankruptcy Filings of 36th Street Property Inc. and HR 442 Corp.. Document filed by 36th Street Property Inc., HR 442 Corp...(Kishner, Bryan) |
| Filing 66 LETTER addressed to Judge Lorna G. Schofield from Bryan W. Kishner and Ryan O. Miller dated March 22, 2022 re: Pacer Registration and Filing Notice of Appearance. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Kishner, Bryan) |
| Filing 65 NOTICE OF APPEARANCE by Bryan Wayne Kishner on behalf of 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Kishner, Bryan) |
| Filing 64 NOTICE OF APPEARANCE by Ryan O. Miller on behalf of 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Miller, Ryan) |
| Filing 63 LETTER addressed to Judge Lorna G. Schofield from Defendants 36th Street Property Inc., HR 442 Corp., Ae Sook Choi, Jin Sup An dated March 21, 2022 re: Compliance with Receivership and Court Orders. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Miller, Ryan) |
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Filing 62
MEMO ENDORSEMENT on re: #61 Letter filed by 36th Street Property Inc., HR 442 Corp., Ae Sook Choi, Jin Sup An. ENDORSEMENT: Based on Mr. Kishner's representations, sanctions as to Mr. Kishner are not warranted. Mr. Kishner shall ensure his clients understand and are in compliance with the Court's Orders appointing the Receiver. Mr. Kishner shall also enter an appearance on the docket by March 21, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 3/18/2022) (jca)
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| Filing 61 LETTER addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated March 18, 2022 re: Compliance with Court Orders. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Miller, Ryan) |
| Filing 60 CERTIFICATE OF SERVICE of Order to Show Cause dated March 18, 2022 served on Bryan W. Kishner, Esq. on March 18, 2022. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
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Filing 59
ORDER TO SHOW CAUSE: It is hereby ORDERED that Defendants' counsel, Mr. Kishner, shall file a letter by 5:00 P.M. today, March 18, 2022, in compliance with the Court's prior two orders directing Defendants to file a letter regarding the status of their compliance with the Orders appointing the Receiver. Mr. Kishner shall also state why he should not be sanctioned for failure to comply with this Court's Orders. It is further ORDERED that by 5:00 P.M. on March 21, 2022, Defendants 36th Street Property Inc., HR 442 Corp., Ae Sook Choi and Jin Sup An shall file a letter stating why they should not be held in contempt of court for either (1) their failure to comply with the Court's Order appointing a receiver or (2) their alleged frustration of the Order. See 18 U.S.C. 402 (defining contempt of court constituting crimes); CBS Broad. Inc. v. FilmOn.com, Inc., 814 F.3d 91, 102-3 (2d Cir. 2016) (discussing the inherent civil contempt power of courts). Defendants are advised that failure to comply with this Order and the Court's prior Orders appointing a receiver may result in sanctions. It is further ORDERED that if Defendants fail to comply with the Court's Orders appointing a receiver by March 25, 2022, at 5:00 P.M. fines may issue up to $10,000 each per day of non-compliance per Defendant. It is further ORDERED that Plaintiff shall serve this order on Defendants' counsel Mr. Bryan W. Kishner via email as soon as possible. It is further ORDERED that Receiver's request for authority to hire local counsel for any motions which may need to be filed as a result of Defendants' lack of cooperation is GRANTED. (Signed by Judge Lorna G. Schofield on 3/18/2022) (mml)
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| Filing 58 LETTER addressed to Judge Lorna G. Schofield from Eric L. Glazer, General Counsel dated March 17, 2022 re: Defendants' Failure to Cooperate with Janus Hotel Management Services, LLC. Document filed by Janus Hotel Management Services, LLC..(Brandofino, Keith) |
| Filing 57 OATH of Janus Hotel Management Services, LLC, Receiver and Receiver's Bond. Document filed by Janus Hotel Management Services, LLC. (Attachments: #1 Receiver's Bond).(Brandofino, Keith) |
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Filing 56
ORDER: It is hereby ORDERED that Defendants 36th Street Property Inc., HR 442 Corp., Ae Sook Choi and Jin Sup An shall answer, move or otherwise respond to the Complaint by March 29, 2022. It is further ORDERED that Defendants 36th Street Property Inc., HR 442 Corp., Ae Sook Choi and Jin Sup An shall file a letter by 5:00 P.M. on March 17, 2022, stating whether Defendants 36th Street Property Inc., HR 442 Corp., Ae Sook Choi and Jin Sup An are in compliance with the Courts Order appointing the Receiver. 36th Street Property Inc. answer due 3/29/2022; Jin Sup An answer due 3/29/2022; Ae Sook Choi answer due 3/29/2022; HR 442 Corp. answer due 3/29/2022. (Signed by Judge Lorna G. Schofield on 3/16/2022) (tg)
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Filing 55
ORDER APPOINTING RECEIVER: That this Court has subject matter jurisdiction over this matter under 28U.S.C. 1332; IT IS HEREBY ORDERED that that Janus Hotel Management Services, LLC ("Receiver"), maintaining an office at 2300 NW Corporate Boulevard, Suite 232, Boca Raton, Florida 33431, be and hereby is appointed as the receiver of Borrowers' Assets (as defined herein). IT IS FURTHER ORDERED that: 1. Receiver be and hereby is appointed, with the usual powers and directions, temporary receiver for the benefit of all the rents and profits now due and unpaid or to become due during the pendency of this action and issuing out of the Property mentioned in theComplaint and as more particularly described on Exhibit 1 hereto;2. The Receiver shall take immediate possession of, hold, secure, take charge of, preserve and protect, to the exclusion of all others, the Property, together with the following(collectively, the "Borrowers' Assets"). Following the Receiver's appointment, neither the Receiver nor Plaintiff shall be deemed in any way to be an owner of the Property; Upon the termination of the receivership, Receiver shall deliver to Plaintiff or its designee all Project Records (but excluding the personnel files of the Property employees), Information Technology and such books and records that should come into the Receiver's possession under this order. (And as further set forth herein.) (Signed by Judge Lorna G. Schofield on 3/10/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing 54
ORDER granting #20 Motion to Appoint Receiver Janus Hotel Management Services, LLC. It is hereby ORDERED that Plaintiff's motion to appoint Janus Hotel Management Services, LLC, as receiver to take immediate possession and control over the assets of Borrowers, including certain real property and improvements located at 442 West 36th Street, New York, New York 10018 and improved by the Hudson River Hotel is GRANTED. For the avoidance of doubt, this Order is limited to those assets permitted to be subject to a receivership under the Mortgage and Loan Agreements. Plaintiffs proposed order for the appointment of a receiver will issue separately with modifications. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 20. (Signed by Judge Lorna G. Schofield on 3/10/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing 53
ORDER granting #46 Letter Motion for Conference re: #46 FIRST LETTER MOTION for Conference regarding Defendants' Proposed and Outlined Motion to Dismiss addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated March 1, 2022. It is hereby ORDERED that the hearing is CANCELLED. The motion will be resolved based on the parties' submissions to the Court. It is further ORDERED that Defendants' motion for a conference regarding their proposed motion to dismiss is GRANTED. A pre-motion conference will be held on March 16, 2022, at 4:20 P.M. to discuss Defendants' intended motion to dismiss. The conference will be held on conference line 888-363-4749 using access code 558-3333. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 46. Telephone Conference set for 3/16/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/8/2022) (tg)
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| Filing 52 AFFIDAVIT of Jin Sup An in Opposition re: #20 MOTION to Appoint Receiver(s) Janus Hotel Management Services, LLC .. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Miller, Ryan) |
| Filing 51 AFFIRMATION of Bryan W. Kishner in Opposition re: #20 MOTION to Appoint Receiver(s) Janus Hotel Management Services, LLC .. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp.. (Attachments: #1 Exhibit ACRIS Search Results).(Miller, Ryan) |
| Filing 50 AFFIDAVIT of Ae Sook Choi in Opposition re: #20 MOTION to Appoint Receiver(s) Janus Hotel Management Services, LLC .. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp.. (Attachments: #1 Exhibit Hotel Resume, #2 Exhibit Certificate of Insurance, #3 Exhibit March 2020 - June 2020 emails, #4 Exhibit Loan Transfer Letter, #5 Exhibit Documents Requested List, #6 Exhibit Executed Agreement, #7 Exhibit 7.20.2020 Default Notice, #8 Exhibit 7.27.2020 Hardship Letter, #9 Exhibit Payoff Demand Letter, #10 Exhibit Notice of Appointment, #11 Exhibit Acceleration Notice, #12 Exhibit 6.3.2021 Default Notice, #13 Exhibit 6.3.2021 Hardship Form Notice, #14 Exhibit 6.7.2021 Hardship Declaration).(Miller, Ryan) |
| Filing 49 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Appoint Receiver(s) Janus Hotel Management Services, LLC . . Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Miller, Ryan) |
| Filing 48 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from David V. Mignardi, Esq. dated March 8, 2022 re: #46 FIRST LETTER MOTION for Conference regarding Defendants' Proposed and Outlined Motion to Dismiss addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated March 1, 2022. . Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
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Filing 47
ORDER with respect to #46 FIRST LETTER MOTION for Conference regarding Defendants' Proposed and Outlined Motion to Dismiss addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated March 1, 2022. Plaintiff shall file a response to Defendants' letter by March 8, 2022, at noon. Plaintiff shall unambiguously state any intention to seek leave to amend, as required by Individual Rule III.C.2. (Signed by Judge Lorna G. Schofield on 3/2/2022) (mml)
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| Set/Reset Deadlines: Responses due by 3/8/2022. (mml) |
| Filing 46 FIRST LETTER MOTION for Conference regarding Defendants' Proposed and Outlined Motion to Dismiss addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated March 1, 2022. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Miller, Ryan) |
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Filing 45
ORDER granting #44 Letter Motion for Extension of Time to File Response/Reply re #44 SECOND LETTER MOTION for Extension of Time to File Response/Reply to Oppose Plaintiff's Order to Show Cause addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated March 1, 2022. The application is untimely. Individual Rule I.B.2. requires all requests for adjournments of court conferences to be made by noon at least two business days before the scheduled appearance. Nonetheless, the application is GRANTED. The hearing scheduled for March 2, 2022, at 10:50 a.m. is adjourned to March 9, 2022, at 4:20 p.m. The hearing will be telephonic. The parties shall call 888-363-4749 using code 558-3333. Defendants' opposition shall be filed no later than March 8, 2022, at noon. No further extensions will be granted. (Signed by Judge Lorna G. Schofield on 3/1/2022) (tg) Modified on 3/1/2022 (tg).
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| Filing 44 SECOND LETTER MOTION for Extension of Time to File Response/Reply to Oppose Plaintiff's Order to Show Cause addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated March 1, 2022. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp.. (Attachments: #1 Exhibit Addendum A: Prior Correspondence and Accompanying Affirmation).(Miller, Ryan) |
| Set/Reset Hearings:( Telephone Conference set for 3/9/2022 at 04:20 PM before Judge Lorna G. Schofield.), Set/Reset Deadlines: ( Responses due by 3/8/2022) (tg) |
| Filing 43 JOINT LETTER addressed to Judge Lorna G. Schofield from David V. Mignardi, Esq. and Bryan W. Kishner, Esq. dated February 23, 2022 re: in Advance of the March 2, 2022 Order to Show Cause Hearing. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
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Filing 42
ORDER granting #40 Letter Motion for Extension of Time. Application GRANTED. An Order to Show Cause Hearing will be held on March 2, 2022, at 10:50 A.M. The hearing will take place on conference line 888-363-4749 using access code 558-3333. Defendants shall file their opposition to Plaintiff's motion to appoint a receiver by March 1, 2022, at noon. By February 23, 2022, the parties shall submit a joint status letter providing an update on the progress the parties have made and what discussions the parties have had regarding the dispute. If appropriate, the parties may jointly seek an adjournment of the show cause hearing. (Signed by Judge Lorna G. Schofield on 2/16/2022) (va)
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| Set/Reset Deadlines: Responses due by 3/1/2022. (va) |
| Set/Reset Hearings: Telephone Conference set for 3/2/2022 at 10:50 AM before Judge Lorna G. Schofield. (va) |
| Filing 41 AFFIDAVIT OF SERVICE of Summons and Complaint,,. NewBank served on 1/28/2022, answer due 2/18/2022. Service was accepted by Kippeum Jahng, Administrator. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 40 FIRST LETTER MOTION for Extension of Time to Oppose Plaintiff's Order to Show Cause addressed to Judge Lorna G. Schofield from Bryan W. Kishner dated February 16, 2022. Document filed by 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp.. (Attachments: #1 Affidavit Affirmation of Attorney Bryan W. Kishner in support of Letter Motion for Extension of Time, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I).(Miller, Ryan) |
| Filing 39 NOTICE OF APPEARANCE by Ryan O. Miller on behalf of 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp...(Miller, Ryan) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 2/16/2022. (jcs) |
| Filing 38 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Ae Sook Choi served on 1/28/2022, answer due 2/18/2022. Service was accepted by John Doe, male relative. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 37 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Jin Sup An served on 1/28/2022, answer due 2/18/2022. Service was accepted by Eddie Gil, Doorman. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 36 AFFIDAVIT OF SERVICE of Summons and Complaint,,. New York City Environmental Control Board served on 1/27/2022, answer due 2/17/2022. Service was accepted by Ariton Marke, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 35 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 36th Street Property Inc. served on 1/27/2022, answer due 2/17/2022. Service was accepted by Derrick Rodriguez, Office Manager. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 34 AFFIDAVIT OF SERVICE of Summons and Complaint,,. HR 442 Corp. served on 1/27/2022, answer due 2/17/2022. Service was accepted by Derrick Rodriguez, Office Manager. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 33 AFFIDAVIT OF SERVICE of Summons and Complaint,,. New York City Department of Finance served on 1/27/2022, answer due 2/17/2022. Service was accepted by Ariton Marke, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 32 AFFIDAVIT OF SERVICE of Summons in Civil Action, Complaint and Order to Show Cause Seeking the Immediate Appointment of a Receiver served on New York Environmental Control Board on February 4, 2022. Service was accepted by Nelsa Santiago, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 31 AFFIDAVIT OF SERVICE of Summons in Civil Action, Complaint and Order to Show Cause Seeking the Immediate Appointment of a Receiver served on HR 442 Corp. on February 4, 2022. Service was accepted by Essence Carrero, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 30 AFFIDAVIT OF SERVICE of Summons in Civil Action, Complaint and Order to Show Cause Seeking the Immediate Appointment of a Receiver served on New York City Department of Finance on February 4, 2022. Service was accepted by Ashley, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 29 AFFIDAVIT OF SERVICE of Summons in Civil Action, Complaint and Order to Show Cause Seeking the Immediate Appointment of a Receiver served on NewBank on February 4, 2022. Service was accepted by Kippeum Jahng, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons in Civil Action, Complaint and Order to Show Cause Seeking the Immediate Appointment of a Receiver served on Jin Sup An on February 4, 2022. Service was accepted by Eddie Gil, Doorman. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 27 AFFIDAVIT OF SERVICE of Summons in Civil Action, Complaint and Order to Show Cause Seeking the Immediate Appointment of a Receiver served on Ae Sook Choi on February 4, 2022. Service was accepted by Essence Carrero, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons in Civil Action, Complaint and Order to Show Cause Seeking the Immediate Appointment of a Receiver served on 36th Street Property Inc. on February 4, 2022. Service was accepted by Essence Carrero, Authorized Agent. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
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Filing 25
ORDER TO SHOW CAUSE SEEKING THE IMMEDIATE APPOINTMENT OF A RECEIVER: Defendants shall show cause telephonically on conference line 888-363-4749, using access code 558-3333, as to why an Order: (i) appointing Janus Hotels & Resorts as receiver to take immediate possession and control of Borrowers assets pursuant to Rule 66 of the Federal Rules of Civil Procedure, should not be issued; and (ii) granting such other and further relief as this Court deems just, proper and equitable. Sufficient cause appearing therefore, Plaintiff shall serve a copy of this Order together with the papers upon which it is granted, upon each of the above-named defendants by 2/7/2022. Let any opposition to the application of Plaintiff brought on by this Order to Show Cause be served upon Plaintiff by filing on ECF in the above-captioned case on or before 2/9/2022; and let reply to the opposition be served upon Defendants on or before 2/11/2022. Any reply shall be filed on ECF. Plaintiff shall file proof of service of this Order and the Summons and Complaint on Defendants by February 6, 2022. (Show Cause Response due by 2/9/2022. Telephone Conference set for 2/16/2022 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 2/3/2022) (mml)
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| Filing 24 AFFIDAVIT OF SERVICE of Order of the District Judge Lorna G. Schofield, dated January 31, 2022, and Individual Rules and Procedures for Civil Cases, dated February 25, 2021 served on 36th Street Property Inc., HR 442 Corp., Ae Sook Choi, Jin Sup An, New York City Department of Finance, New York City Environmental Control Board, NEWBANK on 02/01/2022. Service was made by Mail. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 23 MEMORANDUM OF LAW in Support re: #20 MOTION to Appoint Receiver(s) Janus Hotel Management Services, LLC . . Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 22 DECLARATION of Javier Callejas in Support re: #20 MOTION to Appoint Receiver(s) Janus Hotel Management Services, LLC .. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. (Attachments: #1 Exhibit Legal Description of Property, #2 Exhibit Loan Agreement, #3 Exhibit Promissory Note with Allonges, #4 Exhibit Mortgage, #5 Exhibit Assignment of Leases and Rents, #6 Exhibit Guaranty, #7 Exhibit Assignment of Mortgage, #8 Exhibit Assignment of ALR, #9 Exhibit Assignment of Mortgage into Plaintiff, #10 Exhibit Assignment of ALR into Plaintiff, #11 Exhibit Notice of Default dated June 20, 2020, #12 Exhibit Notice of Acceleration, #13 Exhibit Notice of Default dated June 3, 2021, #14 Exhibit Subordinate Mortgage_ NewBank, #15 Exhibit Pictures of Property from June 30, 2021, #16 Exhibit Pictures of Property from January 13, 2022).(Brandofino, Keith) |
| Filing 21 DECLARATION of Keith M. Brandofino in Support re: #20 MOTION to Appoint Receiver(s) Janus Hotel Management Services, LLC .. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. (Attachments: #1 Exhibit Complaint, #2 Exhibit Emails from June 25, 2021 and June 29, 2021, #3 Exhibit Emails from September 8, 2021 and September 14, 2021, #4 Exhibit Janus Marketing Materials, #5 Exhibit Proposed Order to Appoint Receiver).(Brandofino, Keith) |
| Filing 20 MOTION to Appoint Receiver(s) Janus Hotel Management Services, LLC . Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
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Filing 19
ORDER: Initial Conference by telephone set for 3/30/2022 at 4:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. (Signed by Judge Lorna G. Schofield on 1/31/2022) (vfr)
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| Filing 18 ELECTRONIC SUMMONS ISSUED as to NewBank. (vf) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to New York City Environmental Control Board. (vf) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to New York City Department of Finance. (vf) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Jin Sup An. (vf) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to HR 442 Corp. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Ae Sook Choi. (vf) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to 36th Street Property Inc. (vf) |
| Filing 11 NOTICE OF APPEARANCE by David Vincent Mignardi on behalf of Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Mignardi, David) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to NewBank, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Environmental Control Board, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Finance, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Jin Sup An, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to HR 442 Corp., re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Ae Sook Choi, re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 36th Street Property Inc., re: #1 Complaint,,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 3 CIVIL COVER SHEET filed..(Brandofino, Keith) |
| ***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 blank; County code Albany;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,420,000; the County code has been modified to XX Out of State;. (pc) |
| ***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 through John Doe No. 100. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Keith Michael Brandofino to RE-FILE Document No. #1 Complaint,,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Case Designated ECF. (pc) |
| Magistrate Judge Ona T. Wang 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) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent M&T Bank Corporation, Corporate Parent Wilmington Trust Corporation for Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,..(Brandofino, Keith) |
| Filing 1 COMPLAINT against 36th Street Property Inc., Jin Sup An, Ae Sook Choi, HR 442 Corp., John Doe No. 1 through John Doe No. 100, New York City Department of Finance, New York City Environmental Control Board, NewBank. (Filing Fee $ 402.00, Receipt Number ANYSDC-25573190)Document filed by Wilmington Trust, National Association, As Trustee For The Benefit of the Registered Holders of UBS Commercial Mortgage Trust 2019-C17, Commercial Mortgage Pass-Through Certificates Series 2019-C17,. (Attachments: #1 Civil Cover Sheet, #2 Affidavit Affidavit of Javier Callejas Stating Good Faith Basis to Challenge Declaration of Covid-19 Related Hardship, #3 Exhibit Hardship Declaration, #4 Exhibit Pictures of Property).(Brandofino, Keith) |
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