Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 2018-C46 v. Eastgate Whitehouse LLC et al
| Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20 |
| Eastgate Whitehouse LLC, William W. Koeppel, V.C. Drywall & Remodeling LLC, New York City Environmental Control Board, John Doe #1 through John Doe #20, the twenty names being fictitious and unknown to the Plaintiffs, the person or parties intended being the tenants, occupants, persons or corporations, if an and John Doe #1 through John Doe #20 |
| 1:2022cv04326 |
| May 25, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 fc Diversity - Foreclosure |
| None |
Docket Report
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed within 40days from the date of this Order. This case is not to be tried to a jury. SO ORDERED. Expert Deposition due by 12/22/2022. Fact Discovery due by 11/7/2022. Expert Discovery due by 12/22/2022. Pretrial Conference set for 11/11/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/22/2022) (tg)
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| Filing 28 NOTICE OF APPEARANCE by Michele Mirro on behalf of New York City Environmental Control Board..(Mirro, Michele) |
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter, filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20. ENDORSEMENT: The Initial Pre-Trial Conference currently scheduled for Friday, July 29, 2022, at 10:00 a.m. is hereby ADJOURNED sine die. Defendants' incoming counsel David Stich is directed to file a notice of appearance on ECF not later than July 29, 2022. Plaintiff's counsel is ordered to serve this order on Mr. Stitch and to note doing so on ECF not later than July 26, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/22/2022) (tg)
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| Filing 26 LETTER addressed to Judge Valerie E. Caproni from Vivian M. Arias dated July 21, 2022 re: Court's memo endorsement dated July 15, 2022. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan).(Arias, Vivian) |
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Filing 25
ORDER granting #24 Letter Motion to Adjourn Conference. Application GRANTED. The show-cause hearing currently scheduled for Friday, July 29, 2022 at 10:00 a.m. is hereby ADJOURNED until Wednesday, August 24, 2022, at 10:00 a.m. Defendants' deadline to file response papers is hereby ADJOURNED until August 10, 2022, and Plaintiff's time to reply is hereby ADJOURNED until August 17, 2022. SO ORDERED. Show Cause Hearing set for 8/24/2022 at 10:00 AM before Judge Valerie E. Caproni.. (Signed by Judge Valerie E. Caproni on 7/21/2022) (tg)
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| Set/Reset Deadlines: Responses due by 8/10/2022 Replies due by 8/17/2022. (tg) |
| Filing 24 LETTER MOTION to Adjourn Conference Letter Motion for Consensual Three (3) Week Adjournment of Hearing in Connection With Motion for Appointment of Receiver scheduled for July 29, 2022 at 10:00 am, and commensurate 3 Week Extension of Related Deadlines of Dates in Connection with Motion for Appointment of Receiver addressed to Judge Valerie E. Caproni from Joel Shafferman dated July 20, 2022. Document filed by Eastgate Whitehouse LLC..(Shafferman, Joel) |
| Filing 23 NOTICE OF APPEARANCE by Joel Martin Shafferman on behalf of Eastgate Whitehouse LLC..(Shafferman, Joel) |
| Filing 22 DECLARATION of John M. Doherty, re service re: #21 Order to Show Cause,,,,,,, and supporting documents. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Doherty, John) |
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Filing 21
ORDER TO SHOW CAUSE: FOR GOOD CAUSE APPEARING THEREFORE, it is hereby: ORDERED that the above-named defendants, either in person or by their attorneys, show cause before this Court at Courtroom 443, United States District Courthouse, 40 Foley Square, New York, New York, on the 29th day of July, 2022 at 10:00 a.m., or as soon thereafter as counsel can be heard why this Court should not enter an Order: (i) granting the appointment of a receiver for Borrower's interest in the Mortgaged Premises, along with the buildings, structures, fixtures, and other improvements now or hereafter located on the Mortgaged Premises, as well as the Loan, Ground Lease, Additional Land, Improvements, Easements, Fixtures and Personal Property, Leases and Rents and other collateral granted by the Mortgage; and (ii) granting such other and further relief as the Court deems just and proper in these circumstances. 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 July 18, 2022; and Let any opposition to the application of Plaintiff brought on by this Order to Show Cause be served upon Plaintiff by delivering a copy of such opposition to counsel for Plaintiff, Holland & Knight LLP, 900 Third Avenue, New York, New York 10022, by email on its counsel of record on or before July 20, 2022; and let reply to the opposition be served upon Defendants on or before July 27, 2022. SO ORDERED. Show Cause Hearing set for 7/29/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/15/2022) (tg)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time. Defendants Eastgate Whitehouse LLC and William W. Koeppel's deadline to answer is hereby ADJOURNED until August 8, 2022. So that the parties may confer and properly submit a joint letter and Case Management Plan ahead of the Initial Pre-Trial Conference, the latter of which the Court notes is now overdue, the Initial Pre-Trial Conference currently scheduled for July 22, 2022, at 10:00 a.m. is hereby ADJOURNED until July 29, 2022, at 10:00 a.m. The deadline for pre-conference submissions is hereby ADJOURNED nunc pro tunc until July 21, 2022. (Signed by Judge Valerie E. Caproni on 7/15/2022) (tro)
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| Set/Reset Deadlines: Eastgate Whitehouse LLC answer due 8/8/2022; William W. Koeppel answer due 8/8/2022. (tro) |
| Set/Reset Hearings:( Initial Conference set for 7/29/2022 at 10:00 AM before Judge Valerie E. Caproni.) (tro) |
| Filing 19 LETTER MOTION for Extension of Time for Defendants to Answer, Addressing Items in Notice of Initial Pretrial Conference, and Submitting Proposed Order to Show Cause on Receiver Motion, addressed to Judge Valerie E. Caproni from Vivian M. Arias dated July 14, 2022. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20. (Attachments: #1 Exhibit Attachment 1 - Stipulation Accepting Service, #2 Exhibit Attachment 2 - Proposed Order to Show Cause).(Arias, Vivian) |
| Filing 18 NOTICE OF APPEARANCE by John Michael Doherty on behalf of Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Doherty, John) |
| Filing 17 NOTICE OF LIS PENDENS. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,. V.C. Drywall & Remodeling LLC served on 6/2/2022, answer due 6/23/2022. Service was accepted by New York Secretary of State. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,. Service was accepted by New York Secretary of State. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,. Service was accepted by Jerry Bradshaw, Authorized Representative. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR-(SEE #15) AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,. Eastgate Whitehouse LLC served on 6/3/2022, answer due 6/24/2022. Service was accepted by Eastgate Whitehouse LLC. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) Modified on 6/16/2022 (kj). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR-(SEE #14) AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,. New York City Environmental Control Board served on 6/2/2022, answer due 6/23/2022. Service was accepted by New York City Environmental Control Board. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) Modified on 6/16/2022 (kj). |
| Filing 11 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/22/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/27/2022) (tg) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Eastgate Whitehouse LLC, William W. Koeppel, New York City Environmental Control Board, V.C. Drywall & Remodeling LLC. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Vivian Margarita Arias. The following case opening statistical information was erroneously selected/entered: Dollar Demand $32,100,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of State. (vf) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #9 Proposed Order was reviewed and approved as to form. (km) |
| Filing 9 PROPOSED ORDER. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20. Related Document Number: #5 ..(Arias, Vivian) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 8 MEMORANDUM OF LAW in Support re: #5 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 Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) |
| Filing 7 DECLARATION of Vivian M. Arias in Support re: #5 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 Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) |
| Filing 6 DECLARATION of David Day in Support re: #5 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 Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Consolidated Promissory Note, #3 Exhibit C - Note Splitter and Modification Agreement, #4 Exhibit D - Note A-1 _ allonge, #5 Exhibit E - Note A-2 _ allonge, #6 Exhibit F - Mortgage, #7 Exhibit G - Assignment of Lease, #8 Exhibit H - County UCC-1, #9 Exhibit I - State UCC-1, #10 Exhibit J - Guaranty, #11 Exhibit K - Assignment of Mortgage to Plaintiff, #12 Exhibit L - Assignment of Assignment of Leases, #13 Exhibit M - County UCC Assignment to Wilmington Trust (10.22.2018), #14 Exhibit N - State UCC Assignment to Wilmington Trust (10.22.2018), #15 Exhibit O - General Assignment_ dated Aug 28, 2018, #16 Exhibit P - 02.18.22 Notice of Default, #17 Exhibit Q - 04.06.22 Notice to Guarantor, #18 Exhibit R - Trigild Receivership Proposal).(Arias, Vivian) |
| Filing 5 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 Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20. Related Document Number: #1 ..(Arias, Vivian) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 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 Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20. Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Eastgate Whitehouse LLC, William W. Koeppel, V.C. Drywall & Remodeling LLC, 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 Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20..(Arias, Vivian) |
| Filing 2 CIVIL COVER SHEET filed..(Arias, Vivian) |
| Filing 1 COMPLAINT against Eastgate Whitehouse LLC, John Doe #1 through John Doe #20, the twenty names being fictitious and unknown to the Plaintiffs, the person or parties intended being the tenants, occupants, persons or corporations, if an, William W. Koeppel, New York City Environmental Control Board, V.C. Drywall & Remodeling LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26199265)Document filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Consolidated Promissory Note, #3 Exhibit C - Note Splitter and Modification Agreement, #4 Exhibit D - Note A-1 _ allonge, #5 Exhibit E - Note A-2 _ allonge, #6 Exhibit F - Mortgage, #7 Exhibit G - Assignment of Lease, #8 Exhibit H - County UCC-1, #9 Exhibit I - State UCC-1, #10 Exhibit J - Guaranty, #11 Exhibit K - Assignment of Mortgage to Plaintiff, #12 Exhibit L - Assignment of Assignment of Leases, #13 Exhibit M - County UCC Assignment to Wilmington Trust (10.22.2018), #14 Exhibit N - State UCC Assignment to Wilmington Trust (10.22.2018), #15 Exhibit General Assignment_ dated Aug 28, 2018, #16 Exhibit P - 02.18.22 Notice of Default, #17 Exhibit Q - 04.06.22 Notice to Guarantor).(Arias, Vivian) |
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| Search for this case: Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 2018-C46 v. Eastgate Whitehouse LLC et al | |
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| Plaintiff: Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Wells Fargo Commercial Mortgage Trust 2018-C46, Commercial Mortgage Pass-Through Certificates, Series 20 | |
| Represented By: | Vivian Margarita Arias |
| Represented By: | John Michael Doherty |
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| Defendant: Eastgate Whitehouse LLC | |
| Represented By: | Joel Martin Shafferman |
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| Defendant: William W. Koeppel | |
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| Defendant: V.C. Drywall & Remodeling LLC | |
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| Defendant: New York City Environmental Control Board | |
| Represented By: | Michele Mirro |
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| Defendant: John Doe #1 through John Doe #20, the twenty names being fictitious and unknown to the Plaintiffs, the person or parties intended being the tenants, occupants, persons or corporations, if an | |
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| Defendant: John Doe #1 through John Doe #20 | |
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