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
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 |
Michael Klein and EK 2013 Family Trust |
1:2022cv09266 |
October 28, 2022 |
US District Court for the Southern District of New York |
Victor Marrero |
Jennifer H Rearden |
Contract: Other |
28 U.S.C. § 1332 ct Diversity-(Citizenship) |
None |
Docket Report
This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
Document Text |
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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) |
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) |
Filing 40 PROPOSED STIPULATION AND ORDER. Document filed by Michael Klein..(Silverman, Steve) |
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) |
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) |
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) |
>>>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) |
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) |
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) |
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) |
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) |
>>>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) |
>>>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) |
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). |
Filing 31 NOTICE OF APPEARANCE by Alan Jay Kluger on behalf of Michael Klein..(Kluger, Alan) |
>>>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) |
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) |
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) |
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) |
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) |
Set/Reset Deadlines: Responses due by 5/12/2023 Replies due by 5/23/2023. (kv) |
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) |
Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Plaintiffs Amended Complaint. . Document filed by EK 2013 Family Trust..(David, Kenneth) |
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) |
Filing 23 MOTION to Dismiss Plaintiffs Amended Complaint. Document filed by EK 2013 Family Trust..(David, Kenneth) |
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) |
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) |
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) |
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) |
Set/Reset Deadlines: Motions due by 4/3/2023. Responses due by 4/28/2023 Replies due by 5/9/2023. (tg) |
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) |
NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Victor Marrero is no longer assigned to the case. (tro) |
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) |
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) |
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) |
***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) |
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). |
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) |
Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EK 2013 Family Trust..(David, Kenneth) |
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) |
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) |
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) |
Filing 8 NOTICE OF APPEARANCE by Kenneth R. David on behalf of EK 2013 Family Trust..(David, Kenneth) |
Filing 7 ELECTRONIC SUMMONS ISSUED as to EK 2013 Family Trust. (vf) |
Filing 6 ELECTRONIC SUMMONS ISSUED as to Michael Klein. (vf) |
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) |
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) |
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) |
NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba) |
***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) |
***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) |
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) |
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) |
Case Designated ECF. (vf) |
Filing 2 CIVIL COVER SHEET filed..(Procida, Brent) |
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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