Kookmin Bank Co., Ltd v. Ashkenazy
| Kookmin Bank Co., Ltd in its capacity as trustee of KTB CRE Debt Fund No. 8, a Korean Investment Trust, by its agent in Korea Daol Fund Management Co. and by its, agent in United States, Rexmark Holdings LLC d/b/a Rexmark |
| Ben Ashkenazy |
| 1:2022cv05802 |
| July 7, 2022 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Contract: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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Filing 14
ORDER granting #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Gregory H. Woods from David E. Ross dated August 29, 2022. Application granted. The Court will hold a conference to discuss Defendant's proposed motion to dismiss on September 8, 2022 at 2:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 13. SO ORDERED. Telephone Conference set for 9/8/2022 at 02:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 8/29/2022) (tg)
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| Filing 13 LETTER MOTION for Conference / Pre-Motion Conference addressed to Judge Gregory H. Woods from David E. Ross dated August 29, 2022. Document filed by Ben Ashkenazy..(Ross, David) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Gregory H. Woods from David E. Ross dated July 19, 2022., #1 Notice of Removal,. Defendant's application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 11, is granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to September 2, 2022. SO ORDERED. (Ben Ashkenazy answer due 9/2/2022.) (Signed by Judge Gregory H. Woods on 7/19/22) (yv)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Gregory H. Woods from David E. Ross dated July 19, 2022. Document filed by Ben Ashkenazy..(Ross, David) |
| Filing 10 CERTIFICATE OF SERVICE of Summons, Complaint, Notice of Filing of Notice of Removal, and Notice of Removal in the New York Supreme Court action served on David Kriss, Esq. on July 13, 2022. Service was made by Overnight Mail. Document filed by Kookmin Bank Co., Ltd..(Scharf, Yehuda) |
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Filing 9
ORDER. This action was removed from the Supreme Court of the State of New York, County of New York, on July 7, 2022. Dkt. No. 1. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than July 21, 2022. Additionally, counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendant is directed to serve a copy of this order on Plaintiff, and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/10/22) (yv)
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties participate in an initial pretrial conference with the Court at the time listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. Additionally, the parties are hereby ORDERED to submit via email (WoodsNYSDChambers@nysd.uscourts.gov) a Proposed Civil Case Management Plan and Scheduling Order in PDF format at least one week before the initial pretrial conference. The parties shall use this Court's form Proposed Case Management Plan and Scheduling Order available at the Court's website (https://nysd.uscourts.gov/hon-gregory-h-woods). IT IS FURTHER ORDERED that the parties submit a joint letter to the Court advising the Court on the status of the case at least one week before the initial pretrial conference. The letter should be filed on ECF in accordance with the Court's Individual Rules using the filing event "Letter." The status letter should not exceed six pages and should include the following as further set forth in this Order. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: September 6, 2022. DATE AND TIME OF CONFERENCE: September 13, 2022 at 3:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. SO ORDERED. ( Initial Conference set for 9/13/2022 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 7/10/22) (yv)
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| Filing 7 NOTICE OF APPEARANCE by Brett D. Dockwell on behalf of Kookmin Bank Co., Ltd..(Dockwell, Brett) |
| Filing 6 NOTICE OF APPEARANCE by Kristin T. Roy on behalf of Kookmin Bank Co., Ltd..(Roy, Kristin) |
| Filing 5 NOTICE OF APPEARANCE by Latisha Vernon Thompson on behalf of Kookmin Bank Co., Ltd..(Thompson, Latisha) |
| Filing 4 NOTICE OF APPEARANCE by Amber Rae Will on behalf of Kookmin Bank Co., Ltd..(Will, Amber) |
| Filing 3 NOTICE OF APPEARANCE by Yehuda David Scharf on behalf of Kookmin Bank Co., Ltd..(Scharf, Yehuda) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Evan Ross. The following case opening statistical information was erroneously selected/entered: County code XX Out of U.S.;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Valerie Figueredo 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. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Ross, David) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 652362/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26383214).Document filed by Ben Ashkenazy. (Attachments: #1 Exhibit 1: Summons and Complaint).(Ross, David) |
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| Plaintiff: Kookmin Bank Co., Ltd in its capacity as trustee of KTB CRE Debt Fund No. 8, a Korean Investment Trust, by its agent in Korea Daol Fund Management Co. and by its, agent in United States, Rexmark Holdings LLC d/b/a Rexmark | |
| Represented By: | Yehuda David Scharf |
| Represented By: | Amber Rae Will |
| Represented By: | Brett D. Dockwell |
| Represented By: | Kristin T. Roy |
| Represented By: | Latisha Vernon Thompson |
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| Defendant: Ben Ashkenazy | |
| Represented By: | David Evan Ross |
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