U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16 v. West Mall Office Park LLC et al
| U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16 |
| West Mall Office Park LLC and John Doe No. 1 Through John Doe No. 100 |
| William C. Colucci |
| 1:2022cv06429 |
| July 28, 2022 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 fc Diversity - Foreclosure |
| None |
Docket Report
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| Filing 11 OATH of William C. Colucci as Receiver. Document filed by U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16..(Brandofino, Keith) |
Filing 10
CONSENSUAL ORDER APPOINTING TEMPORARY RECEIVER. IT IS HEREBY ORDERED that William C. Colucci of Cushman & Wakefield be and hereby is appointed, with the usual powers and directions, temporary receiver (the "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 Mortgaged Premises mentioned in the Complaint and as more particularly described in attached Schedule A hereto. IT IS FURTHER ORDERED that: Receiver shall take immediate possession of, hold, secure, take charge of, preserve and protect, to the exclusion of all others, the Mortgaged Premises, together with the following (collectively, "Borrower's Assets"): a)All documents, instruments, agreements, information and materials in Borrower's or its respective agents' possession or control relating to the ownership, maintenance, repair, replacement, improvement, management, leasing, insuring, marketing, financing, use, operation, preservation and protection of the Mortgaged Premises, but excluding communications protected by the attorney-client privilege or work product doctrine (collectively, the "Project Records"). To the extent that Borrower claims any Project Records, or portion thereof, are protected by privilege, a privilege log shall be produced to Plaintiff setting forth the grounds for the privilege asserted and/or claimed and an identification of the document, or portion thereof, that is being withheld such that the identification itself does not disclose the privileged information; b)All checking, savings, depository, payroll, vendor, petty cash or other accounts relating to the Mortgaged Premises and held by or for the benefit of Borrower (collectively, the "Project Accounts"); c)All payments, revenues, refunds and other income from, relating to or derived from the Mortgaged Premises (collectively, the "Project Income"); d)All security, utility, prepayments and other deposits received by Borrower and/or its respective agents and any deposits made by Borrower to any lessor, utility provider or other service provider, in each case in connection with the ownership, operation, repair or use of the Mortgaged Premises (collectively, the "Project Deposits") and as further set forth in this Order; and it is further ORDERED that Borrower, its agents, employees, members, managers, officers and representatives, and any and all other contractors, persons and entities retained, hired or engaged by Borrower, Guarantor, their agents, employees, members, managers, officers and representatives, and any and all other contractors, persons and entities retained, hired or engaged by Guarantor (collectively, the "Borrower Parties") are hereby ordered to immediately identify any and all Project Accounts and surrender possession to the Receiver and control of Borrower's Assets, including, without limitation, the Mortgaged Premises, in their possession or subject to their control. The Receiver is hereby authorized and directed to take possession of and hold, retain, preserve, protect, use, operate, maintain and manage the Borrower's Assets, including, without limitation, the Mortgaged Premises, to receive all Project Income and Project Deposits, and to execute any documents, instruments and agreements to allow the Receiver to take possession of and control and to draw checks on any and all Project Accounts; and it is further ORDERED, that the Borrower Parties are hereby directed to render to the Receiver and Plaintiff within ten (10) business days after the date of this Order (a) an accounting of all Project Income, all Project Expenses, whether paid with Project Income or by Borrower for the benefit of the Mortgaged Premises, all Project Accounts and all Project Deposits for the period beginning from and after January 1, 2022 to the date of this Order; and (b) an itemization of all unpaid bills and other amounts due and payable relating to the Mortgaged Premises, together with all bills, invoices and other writings evidencing or relating thereto; and it is further ORDERED, that the Borrower Parties be enjoined and restrained from collecting the rents and license fees and other charges of said Mortgaged Premises and from interfering in any manner with the Mortgaged Premises or its possession; and from transferring, removing or in any way disturbing any of the occupants or employees; and that all tenants, occupants, employees and licensees of the Mortgaged Premises and other persons liable for the rents be and are hereby enjoined and restrained from paying any rent or license fees or other charges for the Mortgaged Premises to Borrower, its agents, servants or attorneys; and it is further ORDERED, that this Court expressly retains continuing jurisdiction over this receivership until such time that the Receiver renders a final accounting upon the submission of which an order discharging the Receiver shall be issued forthwith; and it is further ORDERED, that the Borrower Parties and all persons and entities acting in concert with any of them are hereby ENJOINED from: (a) taking any action inconsistent with the terms of this Order; (b) interfering with the Receiver's exercise of its powers and performance of its duties pursuant to this Order; (c) removing, destroying, concealing, altering, disabling, shutting down or otherwise making ineffective any of the Borrower's Assets, specifically including, without limitation, the Project Records and the Information Technology; and (d) taking any action with respect to the control, use, management, preservation, repair, maintenance, leasing, sale or operation of the Mortgaged Premises and the other Borrower's Assets, except as otherwise permitted under this Order or upon the specific request of the Receiver; and it is further ORDERED, that the Receiver shall report to the Court by November 17, 2023 as to the status of the matter and if the case can be closed. ENTER. (William C. Colucci appointed Receiver.) (Signed by Judge Alvin K. Hellerstein on 8/19/22) (yv)
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| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16..(Brandofino, Keith) |
| Filing 8 LETTER addressed to Judge Alvin K. Hellerstein from Keith M. Brandofino dated August 17, 2022 re: the parties have entered into a Stipulation Consenting to Appointment of a Receiver. Document filed by U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16..(Brandofino, Keith) |
| Filing 7 NOTICE OF APPEARANCE by Jeffrey Alan Miller on behalf of West Mall Office Park LLC..(Miller, Jeffrey) |
| Filing 6 NOTICE OF LIS PENDENS. Document filed by U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16..(Brandofino, Keith) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to West Mall Office Park LLC. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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 Keith Michael Brandofino. The following case opening statistical information was erroneously selected/entered: Dollar Demand 11,121,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000. (vf) |
| Magistrate Judge Katharine H. Parker 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) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to West Mall Office Park LLC, re: #1 Complaint,. Document filed by U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16..(Brandofino, Keith) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16. Document filed by U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16..(Brandofino, Keith) |
| Filing 2 CIVIL COVER SHEET filed..(Brandofino, Keith) |
| Filing 1 COMPLAINT against John Doe No. 1 Through John Doe No. 100, West Mall Office Park LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26478357)Document filed by U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16. (Attachments: #1 Exhibit 1 - property description, #2 Exhibit 2 - collateral description).(Brandofino, Keith) |
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| Plaintiff: U.S. Bank, National Association, as Trustee for the Benefit of the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C16, Commercial Mortgage Pass-Through Certificates, Series 2013-C16 | |
| Represented By: | Keith Michael Brandofino |
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| Defendant: West Mall Office Park LLC | |
| Represented By: | Jeffrey Alan Miller |
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| Defendant: John Doe No. 1 Through John Doe No. 100 | |
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| Receiver: William C. Colucci | |
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