360 N. Rodeo Drive, LP v. Wells Fargo Bank, National Association et al
Plaintiff: 360 N. Rodeo Drive, LP
Defendant: Wells Fargo Bank, National Association, Midland Loan Services, and DOES 1 through 10
Case Number: 1:2022cv00767
Filed: January 28, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2023 Opinion or Order Filing 38 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties dispute whether this case can be tried to a jury. Motions to join additional parties may be filed up until July 31, 2023. Motions to amend pleadings may be filed up until July 31, 2023. Motions due by 4/1/2024. Non-expert depositions shall be completed by January 5, 2024. Expert Deposition due by 3/1/2024. All Discovery due by 3/1/2024. The Magistrate Judge assigned to this case is Hon. Sarah L. Cave. The next Case Management Conference set for 3/1/2024 at 11:00 AM before Judge Edgardo Ramos. The dispositive motion deadline in Exhibit A to this order is approved. The parties shall file dispositive motions by no later than April 1, 2024. And as set forth herein. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/19/2023) (ama)
April 18, 2023 Opinion or Order Filing 37 PROPOSED SCHEDULING ORDER. Document filed by DOES 1 through 10, Midland Loan Services,, Wells Fargo Bank, National Association. (Attachments: #1 Exhibit A).(Sims, Damani)
April 14, 2023 Opinion or Order Set/Reset Hearings: Case Management Conference set for 3/1/2024 at 11:00 AM before Judge Edgardo Ramos. (jar)
April 14, 2023 Opinion or Order Minute Entry for proceedings held before Judge Edgardo Ramos: Status Conference held on 4/14/2023 by telephone. Plaintiff's and Defendants' counsel present. All discovery shall be completed by March 1, 2024. A case management conference is scheduled for March 1, 2024 at 11 a.m. The parties were directed to submit a proposed joint discovery plan and scheduling order by Tuesday, March 18, 2024. A jury trial is scheduled for May 13, 2024 at 9:30 a.m., and is expected to last five days. Motions in limine along with proposed voir dire, jury instructions, and verdict form are due April 15, 2024. Responses thereto are due April 29, 2024. A final pretrial conference will be held on May 9, 2024 at 2:30 p.m. (jar) Modified on 4/17/2023 (jar). Modified on 4/17/2023 (jar).
April 3, 2023 Opinion or Order Filing 36 ANSWER to #1 Complaint,. Document filed by DOES 1 through 10, Midland Loan Services,, Wells Fargo Bank, National Association..(Sims, Damani)
March 20, 2023 Opinion or Order Filing 35 OPINION AND ORDER: re: #27 MOTION to Dismiss Complaint or, Alternatively. MOTION to Strike Document No. #1 filed by Wells Fargo Bank, National Association, Midland Loan Services. For the foregoing reasons, Defendants' motion is GRANTED in part and DENIED in part. Specifically, Counts III, IV, V, VI, and VII of the complaint are dismissed, and Defendants' alternative application to strike various allegations is denied in its entirety. The parties are directed to appear for a telephonic status conference at 10:30 AM on April 14, 2023. The parties are directed to dial (877) 411-9748 and enter access code 3029857#. The Clerk of Court is respectfully directed to terminate the motion, Doc. 27. It is SO ORDERED., (Telephonic Status Conference set for 4/14/2023 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/20/2023) (ama)
June 15, 2022 Opinion or Order Filing 34 BRIEF re: #30 Notice (Other),, Reply In Support of Request for Judicial Notice. Document filed by Midland Loan Services,, Wells Fargo Bank, National Association..(Sims, Damani)
June 15, 2022 Opinion or Order Filing 33 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss Complaint or, Alternatively. MOTION to Strike Document No. #1 . . Document filed by Midland Loan Services,, Wells Fargo Bank, National Association..(Sims, Damani)
June 8, 2022 Opinion or Order Filing 32 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss Complaint or, Alternatively. MOTION to Strike Document No. #1 . . Document filed by 360 N. Rodeo Drive, LP..(Gately, Matthew)
June 8, 2022 Opinion or Order Filing 31 MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss Complaint or, Alternatively. MOTION to Strike Document No. #1 . . Document filed by 360 N. Rodeo Drive, LP..(Gately, Matthew)
May 19, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #29 Proposed Order was reviewed and approved as to form. (km)
May 18, 2022 Opinion or Order Filing 30 NOTICE of Request for Judicial Notice re: #27 MOTION to Dismiss Complaint or, Alternatively. MOTION to Strike Document No. #1 .. Document filed by Midland Loan Services,, Wells Fargo Bank, National Association. (Attachments: #1 Exhibit 1 - Loan Agreement Dated as of May 25, 2017, #2 Exhibit 2 - Loan Modification Agreement dated May 18, 2020, #3 Exhibit 3 - Loan Modification Agreement dated December 1, 2020, #4 Exhibit 4 - Grant Deed dated December 17, 2021).(Sims, Damani)
May 18, 2022 Opinion or Order Filing 29 PROPOSED ORDER. Document filed by Midland Loan Services,, Wells Fargo Bank, National Association. Related Document Number: #27 ..(Sims, Damani) Proposed Order to be reviewed by Clerk's Office staff.
May 18, 2022 Opinion or Order Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss Complaint or, Alternatively. MOTION to Strike Document No. #1 . . Document filed by Midland Loan Services,, Wells Fargo Bank, National Association..(Sims, Damani)
May 18, 2022 Opinion or Order Filing 27 MOTION to Dismiss Complaint or, Alternatively., MOTION to Strike Document No. #1 . Document filed by Midland Loan Services,, Wells Fargo Bank, National Association..(Sims, Damani)
April 27, 2022 Opinion or Order Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 4/27/2022 by telephone. Plaintiff's and Defendants' counsel present. Defendants are granted leave to file a motion to dismiss and to strike with the following briefing schedule: motion due May 18, 2022; response due June 8, 2022; and reply due June 15, 2022. (jar)
April 20, 2022 Opinion or Order Filing 26 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Richard A. Schwartz dated April 20, 2022 re: #24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Edgardo Ramos from Damani C. Sims dated April 7, 2022. . Document filed by 360 N. Rodeo Drive, LP..(Schwartz, Richard)
April 8, 2022 Opinion or Order Filing 25 ORDER granting #24 Letter Motion for Conference. A pre-motion conference will be held on April 27, 2022 at 02:00 PM by telephone. Plaintiff is directed to submit a written response not longer than 3 pages by April 20, 2022. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
April 7, 2022 Opinion or Order Filing 24 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Edgardo Ramos from Damani C. Sims dated April 7, 2022. Document filed by Midland Loan Services,, Wells Fargo Bank, National Association..(Sims, Damani)
March 31, 2022 Opinion or Order Filing 23 NOTICE OF APPEARANCE by Juthamas Judy Suwatanapongched on behalf of Midland Loan Services,, Wells Fargo Bank, National Association..(Suwatanapongched, Juthamas)
March 31, 2022 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Ted Cohen on behalf of Midland Loan Services,, Wells Fargo Bank, National Association..(Cohen, Ted)
March 31, 2022 Opinion or Order Filing 21 NOTICE OF APPEARANCE by Paul Sebastian Malingagio on behalf of Midland Loan Services,, Wells Fargo Bank, National Association..(Malingagio, Paul)
March 29, 2022 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Alan M. Feld on behalf of Midland Loan Services,, Wells Fargo Bank, National Association..(Feld, Alan)
March 25, 2022 Opinion or Order Filing 19 ORDER granting #13 Motion for Richard A. Schwartz to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
March 25, 2022 Opinion or Order Filing 18 ORDER granting #12 Motion for Peter W. Ross to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
March 25, 2022 Opinion or Order Filing 17 ORDER granting #11 Motion for Juthamas J. Suwatanapongched to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
March 25, 2022 Opinion or Order Filing 16 ORDER granting #10 Motion for Paul S. Malingagio to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
March 25, 2022 Opinion or Order Filing 15 ORDER granting #9 Motion for Theodore A. Cohen to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
March 23, 2022 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Alan M. Feld on behalf of Midland Loan Services,..(Feld, Alan)
March 23, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Richard A. Schwartz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
March 23, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Peter W. Ross to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
March 22, 2022 Opinion or Order Filing 13 MOTION for Richard A. Schwartz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 360 N. Rodeo Drive, LP. (Attachments: #1 Affidavit of Richard A. Schwartz, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Schwartz, Richard)
March 22, 2022 Opinion or Order Filing 12 MOTION for Peter W. Ross to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 360 N. Rodeo Drive, LP. (Attachments: #1 Affidavit of Peter W. Ross, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Ross, Peter)
March 7, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Juthamas J. Suwatanapongched to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25818986. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 6, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Theodore A. Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25812937. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 6, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Paul S. Malingagio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25812998. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 4, 2022 Opinion or Order Filing 11 MOTION for Juthamas J. Suwatanapongched to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25818986. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Midland Loan Services,. (Attachments: #1 Declaration of Juthamas J. Suwatanapongched, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Suwatanapongched, Juthamas)
March 3, 2022 Opinion or Order Filing 10 MOTION for Paul S. Malingagio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25812998. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Midland Loan Services,. (Attachments: #1 Declaration of Paul S. Malingagio, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Malingagio, Paul)
March 3, 2022 Opinion or Order Filing 9 MOTION for Theodore A. Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25812937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Midland Loan Services,. (Attachments: #1 Declaration of Theodore A. Cohen, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Cohen, Ted)
March 3, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Richard A. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25806207. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not accept certificates from a state bar registrar for this state;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
March 3, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for Peter W. Ross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25805815. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not accept certificates from a state bar registrar for this state;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
March 2, 2022 Opinion or Order Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard A. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25806207. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 360 N. Rodeo Drive, LP. (Attachments: #1 Affidavit of Richard A. Schwartz, #2 Certificate of Good Standing, #3 [Proposed] Order).(Schwartz, Richard) Modified on 3/3/2022 (bcu).
March 2, 2022 Opinion or Order Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Peter W. Ross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25805815. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 360 N. Rodeo Drive, LP. (Attachments: #1 Affidavit of Peter W. Ross, #2 Certificate of Good Standing, #3 [Proposed] Order).(Ross, Peter) Modified on 3/3/2022 (bcu).
February 2, 2022 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to Wells Fargo Bank, National Association..(lal)
February 2, 2022 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Midland Loan Services,..(lal)
February 1, 2022 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE HOLDERS OF COMM 2017-COR2 MORTGAGE TRUST COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2017-COR2, re: #1 Complaint,. Document filed by 360 N. Rodeo Drive, LP..(Gately, Matthew)
February 1, 2022 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Midland Loan Services, A Division of PNC Bank, National Association, re: #1 Complaint,. Document filed by 360 N. Rodeo Drive, LP..(Gately, Matthew)
January 31, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Gately, Matthew)
January 31, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Matthew Francis Gately 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)
January 31, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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)
January 31, 2022 Opinion or Order Magistrate Judge Sarah L. Cave 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)
January 31, 2022 Opinion or Order Case Designated ECF. (pc)
January 28, 2022 Opinion or Order Filing 1 COMPLAINT against DOES 1 through 10, Midland Loan Services,, Wells Fargo Bank, National Association. (Filing Fee $ 402.00, Receipt Number ANYSDC-25654373)Document filed by 360 N. Rodeo Drive, LP. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Gately, Matthew)

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Plaintiff: 360 N. Rodeo Drive, LP
Represented By: Matthew Francis Gately
Represented By: Peter Wayne Ross
Represented By: Richard A. Schwartz
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Defendant: Wells Fargo Bank, National Association
Represented By: Alan M. Feld
Represented By: Damani C. Sims
Represented By: Juthamas Judy Suwatanapongched
Represented By: Paul Sebastian Malingagio
Represented By: Ted Cohen
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Defendant: Midland Loan Services,
Represented By: Alan M. Feld
Represented By: Juthamas Judy Suwatanapongched
Represented By: Paul Sebastian Malingagio
Represented By: Ted Cohen
Represented By: Damani C. Sims
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Defendant: DOES 1 through 10
Represented By: Damani C. Sims
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