Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19 v. Klein et al
Plaintiff: Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19 and RSS MSBAM 2014-C19-DE MEC, LLC
Defendant: Michael Klein and EK 2013 Family Trust
Case Number: 1:2022cv09266
Filed: October 28, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Victor Marrero
Referring Judge: Jennifer H Rearden
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 ct Diversity-(Citizenship)
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2023 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gary Stein. Please note that this is a reassignment of the designation only..(kgo)
July 17, 2023 Opinion or Order Filing 41 STIPULATION REGARDING DEFENDANT MICHAEL KLEIN'S RESPONSE TO AMENDED COMPLAINT: The parties hereby stipulate and agree as follows: 1. Klein waives any objections to service of process. 2. Klein has filed his Notice Of Joinder in Defendant EK 2013 Family Trust's Motion To Dismiss The Amended Complaint. 3. Plaintiffs and Klein have agreed that Klein shall plead or otherwise respond to the Amended Complaint on the date that the EK Trust must plead or respond to the Amended Complaint, as determined by the Court's ruling on the EK Trust's Motion to Dismiss, or by any agreement between Plaintiffs and the EK Trust. 4. By entering into this Stipulation, no party waives any arguments, rights, remedies, claims, or defenses. 5. Klein and Plaintiffs respectfully request that the Court adopt this Stipulation as an Order of the Court as indicated below. SO ORDERED. This 17th day of July, 2023. (Signed by Judge Jennifer H. Rearden on 7/17/2023) (vfr)
July 14, 2023 Filing 40 PROPOSED STIPULATION AND ORDER. Document filed by Michael Klein..(Silverman, Steve)
July 14, 2023 Filing 39 NOTICE of Notice of Joinder in Defendant EK 2013 Family Trust's Motion to Dismiss the Amended Complaint re: #25 Memorandum of Law in Support of Motion, #23 MOTION to Dismiss Plaintiffs Amended Complaint., #30 Reply Memorandum of Law in Support of Motion. Document filed by Michael Klein..(Silverman, Steve)
June 29, 2023 Opinion or Order Filing 38 ORDER granting #37 Motion for Michael J. Mariani to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
June 28, 2023 Filing 37 MOTION for Michael J. Mariani to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27933559. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Klein. (Attachments: #1 Affidavit Affidavit of Michael J. Mariani, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice).(Mariani, Michael)
June 28, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Michael J. Mariani to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27933559. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
June 27, 2023 Opinion or Order Filing 36 ORDER granting #34 Motion for Steve I. Silverman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
June 27, 2023 Opinion or Order Filing 35 ORDER granting #33 Motion for Madison D. Hauser to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
June 26, 2023 Filing 34 MOTION for Steve I. Silverman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27921686. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Klein. (Attachments: #1 Affidavit Affidavit of Steve I. Silverman, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice).(Silverman, Steve)
June 26, 2023 Filing 33 MOTION for Madison D. Hauser to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Klein. (Attachments: #1 Affidavit Affidavit of Madison D. Hauser, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice).(Hauser, Madison)
June 26, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Madison D. Hauser 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. (sgz)
June 26, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Steve I. Silverman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27921686. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
June 22, 2023 Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Madison D. Hauser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27907474. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Klein. (Attachments: #1 Affidavit Affidavit of Madison D. Hauser, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice).(Hauser, Madison) Modified on 6/22/2023 (dsh).
June 22, 2023 Filing 31 NOTICE OF APPEARANCE by Alan Jay Kluger on behalf of Michael Klein..(Kluger, Alan)
June 22, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #32 MOTION for Madison D. Hauser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27907474. 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 The Supreme Court of Florida;. 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.. (dsh)
May 23, 2023 Filing 30 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Plaintiffs Amended Complaint. . Document filed by EK 2013 Family Trust..(David, Kenneth)
May 12, 2023 Filing 29 DECLARATION of Brent W. Procida in Opposition re: #23 MOTION to Dismiss Plaintiffs Amended Complaint.. Document filed by RSS MSBAM 2014-C19-DE MEC, LLC, Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19. (Attachments: #1 Exhibit 1 - Operating Agreement, #2 Exhibit 2 - Judge Marrero's Rules, #3 Exhibit 3 - Letter to Brent Procida).(Procida, Brent)
May 12, 2023 Filing 28 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Dismiss Plaintiffs Amended Complaint. . Document filed by RSS MSBAM 2014-C19-DE MEC, LLC, Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19..(Procida, Brent)
April 20, 2023 Opinion or Order Filing 27 ORDER granting #26 Letter Motion for Extension of Time. Plaintiffs' request on consent is GRANTED. Plaintiffs' opposition shall be due May 12, 2023. Defendant's reply shall be due May 23, 2023. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 4/20/2023) (kv)
April 20, 2023 Set/Reset Deadlines: Responses due by 5/12/2023 Replies due by 5/23/2023. (kv)
April 19, 2023 Filing 26 LETTER MOTION for Extension of Time for the Plaintiffs to oppose the Motion to Dismiss Amended Complaint filed by the Defendant EK 2013 Family Trust addressed to Judge Jennifer H. Rearden from Brent W. Procida dated April 19, 2023. Document filed by RSS MSBAM 2014-C19-DE MEC, LLC, Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19..(Procida, Brent)
April 3, 2023 Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Plaintiffs Amended Complaint. . Document filed by EK 2013 Family Trust..(David, Kenneth)
April 3, 2023 Filing 24 DECLARATION of Kenneth R. David in Support re: #23 MOTION to Dismiss Plaintiffs Amended Complaint.. Document filed by EK 2013 Family Trust. (Attachments: #1 Exhibit Loan Agreement, #2 Exhibit Guaranty Agreement, #3 Exhibit Excerpts of Prospectus Supplement, #4 Exhibit Food for Less Lease, #5 Exhibit Mortgage, Assignment of Leases and Rents, and Security Agreement, #6 Exhibit Bank of America Mortgage Loan Purchase Agreement, #7 Exhibit Assignments to CMBS Trust, #8 Exhibit Chicago Action Amended Complaint, #9 Exhibit Houston Action Petition in Intervention, #10 Exhibit Chicago Action Order on Substitution Motion, #11 Exhibit Houston Action Notice of Nonsuit, #12 Exhibit Assignments to RSS LLC, #13 Exhibit Chicago Action Motion to Substitute Plaintiff).(David, Kenneth)
April 3, 2023 Filing 23 MOTION to Dismiss Plaintiffs Amended Complaint. Document filed by EK 2013 Family Trust..(David, Kenneth)
March 30, 2023 Filing 22 NOTICE OF CHANGE OF ADDRESS by Adam Gordon Possidente on behalf of RSS MSBAM 2014-C19-DE MEC, LLC, Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19. New Address: Venable LLP, 151 W. 42nd Street, 49th Floor, New York, NY, United States 10036, (212) 307-5500..(Possidente, Adam)
March 24, 2023 Filing 21 JOINT LETTER addressed to Judge Jennifer H. Rearden from Brent W. Procida and Kenneth R. David dated March 24, 2023 re: Status Update in compliance with Notice of Reassignment Order (Dkt. 19). Document filed by RSS MSBAM 2014-C19-DE MEC, LLC, Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19..(Procida, Brent)
March 10, 2023 Opinion or Order Filing 20 ORDER granting #18 Letter Motion for Extension of Time to Answer re #18 CONSENT LETTER MOTION for Extension of Time to File Answer re: #15 Amended Complaint, addressed to Judge Jennifer H. Rearden from Kenneth R. David dated March 9, 2023., #15 Amended Complaint,. SO ORDERED. EK 2013 Family Trust answer due 4/3/2023. (Signed by Judge Jennifer H. Rearden on 3/10/2023) (tg)
March 10, 2023 Opinion or Order Filing 19 NOTICE OF REASSIGNMENT: This case has been reassigned to this Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5) double-spaced pages, and shall provide the following information, to the extent relevant, in separate paragraphs, as further set forth in this Order. If this case has been settled or otherwise terminated, counsel need not submit the joint letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other appropriate proof of termination is filed on the docket prior to the joint letter submission deadline, using the proper ECF Filing Event. See S.D.N.Y. Electronic Case Filing Rules & Instructions 13.17-13.18, 13.20. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. (Signed by Judge Jennifer H. Rearden on 3/10/2023) (tro)
March 10, 2023 Set/Reset Deadlines: Motions due by 4/3/2023. Responses due by 4/28/2023 Replies due by 5/9/2023. (tg)
March 9, 2023 Filing 18 CONSENT LETTER MOTION for Extension of Time to File Answer re: #15 Amended Complaint, addressed to Judge Jennifer H. Rearden from Kenneth R. David dated March 9, 2023. Document filed by EK 2013 Family Trust..(David, Kenneth)
March 9, 2023 NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Victor Marrero is no longer assigned to the case. (tro)
February 16, 2023 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to Answer re #16 CONSENT LETTER MOTION for Extension of Time to File Answer re: #15 Amended Complaint, addressed to Judge Victor Marrero from Kenneth R. David dated February 15, 2023., #15 Amended Complaint,. Request GRANTED. The deadline for defendant EK 2013 Family Trust to answer, move, or otherwise respond to the Amended Complaint is hereby extended to March 13, 2023. SO ORDERED. EK 2013 Family Trust answer due 3/13/2023. (Signed by Judge Victor Marrero on 2/16/2023) (tg)
February 15, 2023 Filing 16 CONSENT LETTER MOTION for Extension of Time to File Answer re: #15 Amended Complaint, addressed to Judge Victor Marrero from Kenneth R. David dated February 15, 2023. Document filed by EK 2013 Family Trust..(David, Kenneth)
February 13, 2023 Filing 15 AMENDED COMPLAINT amending #1 Complaint, against EK 2013 Family Trust, Michael Klein.Document filed by Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19, RSS MSBAM 2014-C19-DE MEC, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - K&H Report, #3 Exhibit C - Borrowers' Debt Chart).(Procida, Brent)
February 13, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brent W. Procida to RE-FILE re: Document No. #14 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
February 10, 2023 Filing 14 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending #1 Complaint, against EK 2013 Family Trust, Michael Klein.Document filed by Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - K&H Report, #3 Exhibit C - Borrowers' Debt Chart).(Procida, Brent) Modified on 2/13/2023 (pc).
January 20, 2023 Filing 13 LETTER addressed to Judge Victor Marrero from Brent W. Procida dated January 20, 2023 re: Response to EK 2013 Family Trust's Letter regarding Their Anticipated Motion to Dismiss. Document filed by Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19. (Attachments: #1 Exhibit 1 - Guaranty).(Procida, Brent)
January 13, 2023 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EK 2013 Family Trust..(David, Kenneth)
January 13, 2023 Filing 11 LETTER addressed to Judge Victor Marrero from Kenneth R. David dated January 13, 2023 re: Letter to Plaintiff regarding Defendant EK 2013 Family Trust's Anticipated Motion to Dismiss. Document filed by EK 2013 Family Trust. (Attachments: #1 Exhibit A - Loan Assignment Documents).(David, Kenneth)
December 2, 2022 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Victor Marrero from Kenneth R. David dated December 1, 2022. Request GRANTED. The deadline for Defendant to answer, move, or otherwise respond to Plaintiff's complaint is hereby extended to January 13, 2023. SO ORDERED. EK 2013 Family Trust answer due 1/13/2023. (Signed by Judge Victor Marrero on 12/2/2022) (jca)
December 1, 2022 Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Victor Marrero from Kenneth R. David dated December 1, 2022. Document filed by EK 2013 Family Trust..(David, Kenneth)
December 1, 2022 Filing 8 NOTICE OF APPEARANCE by Kenneth R. David on behalf of EK 2013 Family Trust..(David, Kenneth)
November 3, 2022 Filing 7 ELECTRONIC SUMMONS ISSUED as to EK 2013 Family Trust. (vf)
November 3, 2022 Filing 6 ELECTRONIC SUMMONS ISSUED as to Michael Klein. (vf)
November 3, 2022 Filing 5 NOTICE OF APPEARANCE by Adam Gordon Possidente on behalf of Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19..(Possidente, Adam)
November 3, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to EK 2013 Family Trust, re: #1 Complaint,. Document filed by Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19..(Procida, Brent)
November 3, 2022 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Klein, re: #1 Complaint,. Document filed by Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19..(Procida, Brent)
November 1, 2022 NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba)
October 31, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brent W. Procida. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
October 31, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brent W. Procida. The party information for the following party/parties has been modified: EK 2013 Family Trust. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
October 31, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
October 31, 2022 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. (vf)
October 31, 2022 Case Designated ECF. (vf)
October 28, 2022 Filing 2 CIVIL COVER SHEET filed..(Procida, Brent)
October 28, 2022 Filing 1 COMPLAINT against EK 2013 Family Trust, Michael Klein. (Filing Fee $ 402.00, Receipt Number ANYSDC-26887985)Document filed by Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - K&H Report, #3 Exhibit C - Borrowers' Debt Chart).(Procida, Brent)

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Plaintiff: Wilmington Trust, National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2014-C19, Commercial Mortgage Pass-Through Certificates, Series 2014-C19
Represented By: Brent W. Procida
Represented By: Adam Gordon Possidente
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Plaintiff: RSS MSBAM 2014-C19-DE MEC, LLC
Represented By: Brent W. Procida
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Defendant: Michael Klein
Represented By: Alan Jay Kluger
Represented By: Madison Hauser
Represented By: Michael J Mariani
Represented By: Steve I. Silverman
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Defendant: EK 2013 Family Trust
Represented By: Kenneth R. David
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