Marathon CRE 2018-FL1 Issuer, Ltd. v. 257-263 W 34th Street LLC et al
| Marathon CRE 2018-FL1 Issuer, Ltd. |
| 257-263 W 34th Street LLC, Sorabh Maheshwari, Justin Ehrlich, Chaim Lebowitz, Issac Laufer, Sukenik, Segal & Graff, P.C., Robert Ettinger, P.E., P.C., E&W Wholesale Electrical Inc. and "John Does" 1 - 100 |
| Leslie Feifer |
| 1:2022cv01991 |
| March 9, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 fc Diversity - Foreclosure |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 39
LETTER addressed to Judge Katherine Polk Failla from Jason C. Scott dated May 6, 2022 re: Request for Ettinger to be dismissed from the case. Document filed by Robert Ettinger, P.E., P.C...(Scott, Jason)
|
|
Filing 38
MEMO ENDORSEMENT granting #35 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate the motion at docket entry 35. (Signed by Judge Katherine Polk Failla on 5/5/2022) (rro) Modified on 5/5/2022 (rro). Modified on 5/5/2022 (rro).
|
|
Filing 37
***SELECTED PARTIES***AFFIDAVIT in Support re: #27 LETTER MOTION for Leave to File Notice of Motion to Amend Complaint and Remand addressed to Judge Katherine Polk Failla from Jed M. Weiss, Esq. dated April 27, 2022., #26 LETTER MOTION for Discovery : unredacted subscription agreements, partnership agreement, and documentation of payment of subscription amounts addressed to Judge Katherine Polk Failla from Robert J. Tolchin, Esq. dated 4/26/22.. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd., 257-263 W 34th Street LLC, Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari. Motion or Order to File Under Seal: #32 .(Kim, James)
|
|
Filing 36
***SELECTED PARTIES***AFFIDAVIT in Support re: #27 LETTER MOTION for Leave to File Notice of Motion to Amend Complaint and Remand addressed to Judge Katherine Polk Failla from Jed M. Weiss, Esq. dated April 27, 2022., #26 LETTER MOTION for Discovery : unredacted subscription agreements, partnership agreement, and documentation of payment of subscription amounts addressed to Judge Katherine Polk Failla from Robert J. Tolchin, Esq. dated 4/26/22.. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd., 257-263 W 34th Street LLC, Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari. Motion or Order to File Under Seal: #32 .(Kim, James)
|
|
Filing 35
MOTION for Molly G. Rothschild, Esq. to Withdraw as Attorney . Document filed by Marathon CRE 2018-FL1 Issuer, Ltd.. (Attachments: #1 Affidavit Declaration of Jed M. Weiss, Esq.).(Weiss, Jed)
|
|
Filing 34
MEMO ENDORSEMENT on re: #33 Letter filed by Sorabh Maheshwari, Chaim Lebowitz, Issac Laufer, Justin Ehrlich. ENDORSEMENT: Application DENIED. The Court expects that Defendants will be provided access to Plaintiff's sealed exhibits once those exhibits are filed. Should Defendants have any issue accessing the exhibits, they are directed to contact Attorney Services and inform them of the Court's May 2, 2022 endorsement (Dkt. #32). SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/3/2022) (tg)
|
|
Filing 33
LETTER addressed to Judge Katherine Polk Failla from Robert Tolchin dated 5-2-22 re: request to modify endorsed order. Document filed by Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari..(Tolchin, Robert)
|
|
Filing 32
MEMO ENDORSEMENT on #27 granting #26 Letter Motion for Discovery. ENDORSEMENT: The Court is in receipt of Defendants' April 26, 2022 letter and Plaintiff's above response. While the Court is mindful of the privacy interests implicated by the financial information Defendants are seeking, it finds that the information may be relevant to Defendants' arguments in opposition to Plaintiff's motion for leave to amend and to remand this case to state court. The Court therefore directs Plaintiff to file sealed versions of the relevant exhibits with the subscription amounts unredacted on the docket, viewable only to the parties and Court. These exhibits shall be for attorneys' eyes only. Additionally, if Defendants choose to quote or reference the subscription amounts in their opposition papers, they shall file both (i) public versions of their opposition papers with the subscription amounts redacted and (ii) sealed, unredacted versions of their papers that are viewable only to the parties and Court. Lastly, the Court directs Plaintiff to provide Defendants with a redacted version of the partnership agreement for MAM 263 W 34th Street Holdco, L.P. In contrast with the subscription agreements, Defendants have not provided any basis to find that any sensitive financial information in the partnership agreement would be relevant to Plaintiff's motion. The Clerk of Court is directed to terminate the motion at docket entry 26. (Signed by Judge Katherine Polk Failla on 5/2/2022) (rro)
|
|
Filing 31
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Jed M. Weiss, Esq. dated April 29, 2022 re: #26 LETTER MOTION for Discovery : unredacted subscription agreements, partnership agreement, and documentation of payment of subscription amounts addressed to Judge Katherine Polk Failla from Robert J. Tolchin, Esq. dated 4/26/22. /Response Letter re Subscription Agreements. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd...(Weiss, Jed)
|
|
Filing 30
NOTICE of Motion to Amend Complaint and Remand re: #22 MOTION to Amend/Correct . MOTION to Remand to State Court /Plaintiff's Memorandum of Law in Support of Its Motion to Amend the Complaint and to Remand to State Court., #24 Affidavit in Support of Motion, #25 Declaration in Support of Motion,,, #23 Affidavit in Support of Motion,,,. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd...(Kim, James)
|
|
Filing 29
ORDER granting #27 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff is directed to file its notice of motion on the docket. The Court expects that Plaintiff will be more attentive in the future. Additionally, Plaintiff is directed to file a response to Defendants' April 26, 2022 letter (Dkt. #26) on or before April 29, 2022. Lastly, the Clerk of Court is directed to terminate the motion at docket entry 27. (Signed by Judge Katherine Polk Failla on 4/27/2022) (rro) (Main Document 29 replaced on 4/28/2022) (tn). Modified on 4/28/2022 (tn).
|
|
Filing 28
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Robert J. Tolchin, Esq. dated 4-27-22 re: #27 LETTER MOTION for Leave to File Notice of Motion to Amend Complaint and Remand addressed to Judge Katherine Polk Failla from Jed M. Weiss, Esq. dated April 27, 2022. . Document filed by Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari..(Tolchin, Robert)
|
|
Filing 27
LETTER MOTION for Leave to File Notice of Motion to Amend Complaint and Remand addressed to Judge Katherine Polk Failla from Jed M. Weiss, Esq. dated April 27, 2022. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd...(Weiss, Jed)
|
|
Set/Reset Deadlines: Responses due by 4/29/2022 (rro) Modified on 4/28/2022 (tn).
|
|
Filing 26
LETTER MOTION for Discovery : unredacted subscription agreements, partnership agreement, and documentation of payment of subscription amounts addressed to Judge Katherine Polk Failla from Robert J. Tolchin, Esq. dated 4/26/22. Document filed by Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari..(Tolchin, Robert)
|
|
Filing 25
DECLARATION of Jed M. Weiss, Esq. in Support re: #22 MOTION to Amend/Correct . MOTION to Remand to State Court /Plaintiff's Memorandum of Law in Support of Its Motion to Amend the Complaint and to Remand to State Court.. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd.. (Attachments: #1 Exhibit A - Marathon - Foreclosure Complaint - 1 of 3, #2 Exhibit A - Marathon - Foreclosure Complaint - 2 of 3, #3 Exhibit A - Marathon - Foreclosure Complaint - 3 of 3, #4 Exhibit B - Mortgage Loan Assignments to 263 W 34th Street Lender LLC, #5 Exhibit C - Marathon - Defendants Answers, #6 Exhibit D - Marathon - Reply Memorandum of Law re Motion for Appointment of Receiver, #7 Exhibit E - Marathon - Order re Stayed Discovery, #8 Exhibit F - Email to Defendants' Counsel, dated February 14, 2022, #9 Exhibit G - Marathon - First Amended Complaint (redline)).(Weiss, Jed)
|
|
Filing 24
AFFIDAVIT of Joseph Griffin in Support re: #22 MOTION to Amend/Correct . MOTION to Remand to State Court /Plaintiff's Memorandum of Law in Support of Its Motion to Amend the Complaint and to Remand to State Court.. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd.. (Attachments: #1 Exhibit A - MAM 263 W. 34th St Holdco LP Subscription Agt - J. Griffin, #2 Exhibit B - Drivers License of Joseph Griffin).(Kim, James)
|
|
Filing 23
AFFIDAVIT of Craig Thaler in Support re: #22 MOTION to Amend/Correct . MOTION to Remand to State Court /Plaintiff's Memorandum of Law in Support of Its Motion to Amend the Complaint and to Remand to State Court.. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd.. (Attachments: #1 Exhibit A - Marathon - Foreclosure Complaint - 1 of 3, #2 Exhibit A - Marathon - Foreclosure Complaint - 2 of 3, #3 Exhibit A - Marathon - Foreclosure Complaint - 3 of 3, #4 Exhibit B - Mortgage Loan Assignments to 263 W 34th Street Lender LLC, #5 Exhibit C - Redemption Notice Direction dated October 29, 2021, #6 Exhibit D - Operating Agreement - 263 W 34th Street Lender LLC, #7 Exhibit E - Assignment and Transfer Agreement, #8 Exhibit F - MAM 263 W. 34th St Holdco LP Subscription Agt - C Thaler, #9 Exhibit G - Drivers License of Craig Thaler).(Kim, James)
|
|
Filing 22
MOTION to Amend/Correct ., MOTION to Remand to State Court /Plaintiff's Memorandum of Law in Support of Its Motion to Amend the Complaint and to Remand to State Court. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd...(Kim, James)
|
|
Filing 21
NOTICE OF APPEARANCE by Jason C. Scott on behalf of Robert Ettinger, P.E., P.C...(Scott, Jason)
|
|
Filing 20
STATUS REPORT. Document filed by Leslie Feifer..(Feifer, Leslie)
|
|
Filing 19
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/24/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
|
|
Filing 18
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/24/2022 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2022. Redacted Transcript Deadline set for 5/2/2022. Release of Transcript Restriction set for 6/30/2022..(Moya, Goretti)
|
|
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 3/24/2022. Attorneys James T. Kim and Matthew A. Barish representing Plaintiff present. Attorney Oleg Rivkin representing Defendant 257-263 W 34th Street LLC present. Attorney Robert Joseph Tolchin representing Defendants Sorabh Maheshwari, Justin Ehrlich, Chaim Lebowitz, andIssac Laufer present. Motion is due by 4/22/2022; Opposition is due by 5/20/2022; and Reply is due by 6/3/2022. Plaintiff is to order a copy of today's transcript. (See transcript.) (Court Reporter Eve Giniger) (tn)
|
|
Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Marathon CRE 2018-FL1 Issuer, Ltd. ENDORSEMENT: The Court is in receipt of Defendants' March 13, 2022 pre-motion letter (Dkt. #11) and Plaintiff's above responsive letter. The parties are hereby ORDERED to appear for a telephonic pre-motion conference on March 24, 2022, at 10:45 a.m. At the scheduled date and time, the parties shall call (888) 363-4749 and enter access code 5123533. ( Telephone Conference set for 3/24/2022 at 10:45 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/16/2022) (rro)
|
|
Filing 16
LETTER addressed to Judge Katherine Polk Failla from James T. Kim, Esq. dated March 16, 2022 re: Response to Borrower's Letter regarding BCL Application. Document filed by Marathon CRE 2018-FL1 Issuer, Ltd...(Kim, James)
|
|
Filing 15
STATUS REPORT. Document filed by Leslie Feifer..(Feifer, Leslie)
|
|
Filing 14
NOTICE OF APPEARANCE by Leslie Feifer on behalf of Leslie Feifer..(Feifer, Leslie)
|
|
Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 257-263 W 34th Street LLC..(Rivkin, Oleg)
|
|
Filing 12
MEMO ENDORSEMENT on re: #11 Letter, filed by Sorabh Maheshwari, Chaim Lebowitz, Issac Laufer, Justin Ehrlic. ENDORSEMENT: The Court is in receipt of Defendants' above pre-motion letter. Plaintiff shall file a responsive letter, consistent with Rule 4.A of this Court's Individual Rules of Practice in Civil Cases, on or before March 16, 2022. (Signed by Judge Katherine Polk Failla on 3/14/2022) (rro)
|
|
Filing 11
LETTER addressed to Judge Katherine Polk Failla from Robert J. Tolchin, Esq. dated 3/13/2022 re: Pre-motion letter. Document filed by Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari. (Attachments: #1 Exhibit A - ACRIS printout).(Tolchin, Robert)
|
|
Filing 10
STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari..(Tolchin, Robert)
|
|
Filing 9
STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari..(Tolchin, Robert)
|
|
Filing 8
STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Justin Ehrlich, Issac Laufer, Chaim Lebowitz, Sorabh Maheshwari. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part I, #4 Exhibit C - Part II, #5 Exhibit C - Part III, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F - Part I, #9 Exhibit F - Part II, #10 Exhibit F - Part III, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I - Part I, #14 Exhibit I - Part II, #15 Exhibit I - Part III, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M).(Tolchin, Robert)
|
|
Filing 7
NOTICE OF APPEARANCE by Matthew A. Barish on behalf of Marathon CRE 2018-FL1 Issuer, Ltd...(Barish, Matthew)
|
|
Filing 6
NOTICE OF APPEARANCE by Oleg Rivkin on behalf of 257-263 W 34th Street LLC..(Rivkin, Oleg)
|
|
Filing 5
NOTICE OF APPEARANCE by Molly G. Rothschild on behalf of Marathon CRE 2018-FL1 Issuer, Ltd...(Rothschild, Molly)
|
|
Filing 4
NOTICE OF APPEARANCE by Jed Matthew Weiss on behalf of Marathon CRE 2018-FL1 Issuer, Ltd...(Weiss, Jed)
|
|
Filing 3
NOTICE OF APPEARANCE by James T Kim on behalf of Marathon CRE 2018-FL1 Issuer, Ltd...(Kim, James)
|
|
Magistrate Judge Gabriel W. Gorenstein 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. (sj)
|
|
Case Designated ECF. (sj)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(sj)
|
|
Filing 2
CIVIL COVER SHEET filed..(Tolchin, Robert)
|
|
Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 655493/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25840349).Document filed by Issac Laufer, Sorabh Maheshwari, Justin Ehrlich, Chaim Lebowitz. (Attachments: #1 Exhibit A - State court complaint, #2 Exhibit B - Bhagat affidavit).(Tolchin, Robert)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
