NMS 1539, LLC et al v. Wells Fargo Bank, N.A. et al
Plaintiff: NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC and NMS NORTHRIDGE, LLC
Defendant: Wells Fargo Bank N.A., Rialto Capital Advisors, LLC and Does 1-20
Case Number: 1:2022cv10811
Filed: December 22, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Referring Judge: Katharine H Parker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 oc Petition For Removal--Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2023 Filing 59 LETTER MOTION for Conference & to appear remotely addressed to Magistrate Judge Katharine H. Parker from Robert S. Meloni dated 2/17/2023. Document filed by NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Meloni, Robert)
February 17, 2023 Filing 58 LETTER MOTION for Oral Argument & Appear Remotely addressed to Judge John P. Cronan from Robert S. Meloni dated 2/17/2023. Document filed by NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Meloni, Robert)
February 10, 2023 Filing 57 MEMORANDUM OF LAW in Opposition re: #35 . Document filed by NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Rhee, Jean)
January 23, 2023 Opinion or Order Filing 56 ORDER granting #46 Motion for Llynn K. White to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
January 23, 2023 Opinion or Order Filing 55 ORDER granting #49 Motion for Larry C.Russ to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
January 23, 2023 Opinion or Order Filing 54 ORDER granting #48 Motion for Jean Y. Rhee to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
January 23, 2023 Opinion or Order Filing 53 INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 3/2/2023 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 1/23/2023) (vfr)
January 20, 2023 Opinion or Order Filing 52 ORDER: As the Court has referred this matter to the Honorable Katharine H. Parker for general pretrial supervision, the Initial Pretrial Conference scheduled for January 25, 2023 is adjourned sine die. SO ORDERED. (Signed by Judge John P. Cronan on 1/20/2023) (vfr)
January 20, 2023 Opinion or Order Filing 51 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. Motions referred to Katharine H. Parker. (Signed by Judge John P. Cronan on 1/20/2023) (jca)
January 18, 2023 Filing 50 LETTER addressed to Judge John P. Cronan from Robert S. Meloni dated 1/18/2023 re: proposed Case Management Plan. Document filed by NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Meloni, Robert)
January 18, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #48 MOTION for Jean Y. Rhee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.; #49 MOTION for Larry C.Russ to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27212759. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
January 17, 2023 Filing 49 MOTION for Larry C.Russ to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27212759. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Meloni, Robert)
January 17, 2023 Filing 48 MOTION for Jean Y. Rhee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Meloni, Robert)
January 11, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #47 MOTION for Jean Y. Rhee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27184011. 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 Supreme Court of California (Not State Bar), Tel. 415-865-7000. 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. (sac)
January 10, 2023 Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Jean Y. Rhee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27184011. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Meloni, Robert) Modified on 1/11/2023 (sac).
January 10, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Llynn K. White to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27179882. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
January 9, 2023 Filing 46 MOTION for Llynn K. White to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27179882. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rialto Capital Advisors, LLC, Wells Fargo Bank N.A.. (Attachments: #1 Affidavit /Declaration in Support of Motion to Admit Counsel Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice).(White, Llynn)
January 6, 2023 Opinion or Order Filing 45 ORDER granting #44 Letter Motion for Extension of Time to File Response/Reply re #44 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Motion to Dimiss [Dkt. No. 35] addressed to Judge John P. Cronan from Robert S. Meloni dated 1/5/2023. The Court reserves decision on whether to hold oral argument on Defendant's motion. Plaintiff shall respond to the motion to dismiss by February 10, 2023. Defendant shall file its reply, if any, by February 24, 2023. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 44. SO ORDERED. Responses due by 2/10/2023 Replies due by 2/24/2023.. (Signed by Judge John P. Cronan on 1/6/2023) (jca)
January 5, 2023 Filing 44 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Motion to Dimiss [Dkt. No. 35] addressed to Judge John P. Cronan from Robert S. Meloni dated 1/5/2023. Document filed by NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Meloni, Robert)
January 5, 2023 Filing 43 NOTICE OF APPEARANCE by Robert Stephen Meloni on behalf of NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS NORTHRIDGE, LLC, NMS Superior Apartments, LLC, NMS WARNER CENTER, LLC..(Meloni, Robert)
December 28, 2022 Opinion or Order Filing 42 NOTICE OF ASSIGNMENT: Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (And as further set forth herein.) SO ORDERED. Initial Conference set for 1/25/2023 at 11:30 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 12/28/2022) (jca)
December 22, 2022 Filing 41 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:22-cv-06298. Original file certified copy of transfer order and docket entries received.
December 22, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge John P. Cronan. 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..(vba)
December 22, 2022 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. (vba)
December 22, 2022 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
December 22, 2022 Case Designated ECF. (vba)
December 16, 2022 Opinion or Order Filing 40 MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO TRANSFER VENUE by Judge Andre Birotte Jr.: Defendants' Motion to Transfer #13 is GRANTED. The Court ORDERS the Clerk of Court to immediately transfer this case to the United States District Court for the Southern District of New York. Case transferred electronically. ( MD JS-6. Case Terminated. ) Court Reporter: N/A. (gk) [Transferred from California Central on 12/22/2022.]
December 7, 2022 Opinion or Order Filing 39 (IN CHAMBERS) ORDER TAKING DEFENDANTS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, ETC., AND RIALTO CAPITAL ADVISORS, LLC'S MOTION TO TRANSFER VENUE #13 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on December 9, 2022, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY [Transferred from California Central on 12/22/2022.]
November 17, 2022 Opinion or Order Filing 38 ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 11/14/2023. (hc) [Transferred from California Central on 12/22/2022.]
November 16, 2022 Opinion or Order Filing 37 (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE by Judge Andre Birotte Jr: On the courts own motion, the Scheduling Conference currently set for hearing on November 18, 2022 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY [Transferred from California Central on 12/22/2022.]
November 14, 2022 Opinion or Order Filing 36 ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Bench Trial set for 1/23/2024 08:30 AM before Judge Andre Birotte Jr., Final Pretrial Conference and Hearing on Motions In Limine set for 1/5/2024 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 3/31/2023. Non-Expert Discovery cut-off 8/2/2023. Last Date to Hear Motions 10/20/2023. Deadline to Complete Settlement Conference 11/14/2023. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 1/2/2024. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 1/9/2024. See document for further details. (gk) [Transferred from California Central on 12/22/2022.]
November 14, 2022 Filing 35 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Motion set for hearing on 1/27/2023 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Exhibit 1 to Motion to Dismiss First Amended Complaint, #2 Exhibit 2 to Motion to Dismiss First Amended Complaint, #3 Exhibit 3 to Motion to Dismiss First Amended Complaint, #4 Exhibit 4 to Motion to Dismiss First Amended Complaint, #5 Proposed Order on Motion to Dismiss First Amended Complaint) (Gerson, Joel) [Transferred from California Central on 12/22/2022.]
November 9, 2022 Filing 34 INITIAL DISCLOSURE of RULE 26 filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A. (Gerson, Joel) [Transferred from California Central on 12/22/2022.]
November 4, 2022 Filing 33 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4 days, filed by Plaintiffs NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Northridge, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC.. (Attachments: #1 Exhibit A)(Russ, Larry) [Transferred from California Central on 12/22/2022.]
October 13, 2022 Opinion or Order Filing 32 ORDER ON JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT #29 by Judge Andre Birotte Jr. The deadline for Defendants to answer, defend or otherwise respond to Plaintiffs First Amended Complaint (Doc. # 21) is hereby EXTENDED to November 14, 2022. (rolm) [Transferred from California Central on 12/22/2022.]
October 13, 2022 Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Joel Charles Gerson counsel for Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Adding Joel C. Gerson as counsel of record for Wells Fargo Bank, N.A., et al. and Rialto Capital Advisors, LLC for the reason indicated in the G-123 Notice. Filed by Defendants WELLS FARGO BANK, N.A., ET AL. AND RIALTO CAPITAL ADVISORS, LLC. (Attorney Joel Charles Gerson added to party Rialto Capital Advisors, LLC(pty:dft), Attorney Joel Charles Gerson added to party Wells Fargo Bank, N.A.(pty:dft))(Gerson, Joel) [Transferred from California Central on 12/22/2022.]
October 12, 2022 Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Stephanie L. Bowlby counsel for Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Stephanie L. Bowlby is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants WELLS FARGO BANK, N.A., ET AL. AND RIALTO CAPITAL ADVISORS, LLC. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
October 11, 2022 Filing 29 Joint STIPULATION for Extension of Time to File Answer to November 14, 2022 re Amended Complaint/Petition, #21 filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order on Joint Stipulation Extending Time for Defendants to Respond to Plaintiffs First Amended Complaint)(Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
October 7, 2022 Filing 28 REPLY in Support of Motion to Transfer Venue NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #13 filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
October 6, 2022 Opinion or Order Filing 27 ORDER GRANTING CONTINUANCE OF HEARING ON DEFENDANTS MOTION TO TRANSFER VENUE #25 by Judge Andre Birotte Jr. The Court APPROVES the parties Stipulation. The hearing on Defendants Motion to Transfer Venue [Doc. #13] is CONTINUED to December 9, 2022 at 10:00 a.m. The deadline to file and serve opposition and reply papers is unchanged. SO ORDERED. (rolm) [Transferred from California Central on 12/22/2022.]
October 5, 2022 Filing 26 Notice of Errata Regarding Using the Wrong Event to File Joint Stipulation Requesting Continuance of Hearing on Defendants Motion to Transfer Venue filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
October 5, 2022 Filing 25 Joint STIPULATION to Change Venue to United States District Court for the Southern District of New York filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order Setting Hearing on Defendants' Motion to Transfer Venue)(Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
October 5, 2022 Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Jean Young Rhee counsel for Plaintiffs NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Northridge, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC. Adding Jean Y. Rhee as counsel of record for NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC and NMS Northridge, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiffs NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC and NMS Northridge, LLC. (Attorney Jean Young Rhee added to party NMS 1539, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS 1548, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS 1759, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS Northridge, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS Superior Apartments, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS Warner Center, LLC(pty:pla))(Rhee, Jean) [Transferred from California Central on 12/22/2022.]
September 30, 2022 Filing 23 OPPOSITION re: NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #13 filed by Plaintiffs NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Northridge, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC. (Russ, Larry) [Transferred from California Central on 12/22/2022.]
September 30, 2022 Opinion or Order Filing 22 (IN CHAMBERS) ORDER DEEMING DEFENDANTS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, ETC., AND RIALTO CAPITAL ADVISORS, LLCS MOTION TO DISMISS COMPLAINT AS MOOT (Dkt. No. 14) by Judge Andre Birotte Jr.: In light of the First Amended Complaint (Dkt. No. 21 ), Defendants' Motion to Dismiss is DENIED as MOOT, and the hearing scheduled for November 18, 2022, is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY [Transferred from California Central on 12/22/2022.]
September 29, 2022 Filing 21 FIRST AMENDED COMPLAINT against Defendants Does, Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A. amending Complaint - (Discovery),, filed by Plaintiffs NMS 1759, LLC, NMS 1548, LLC, NMS Superior Apartments, LLC, NMS 1539, LLC, NMS Northridge, LLC, NMS Warner Center, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Russ, Larry) [Transferred from California Central on 12/22/2022.]
September 14, 2022 Filing 20 Notice filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 13, 2022 Opinion or Order Filing 19 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/18/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb) [Transferred from California Central on 12/22/2022.]
September 13, 2022 Opinion or Order Filing 18 (IN CHAMBERS) ORDER CONTINUING DEFENDANTS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, ETC., AND RIALTO CAPITAL ADVISORS, LLC'S MOTION TO DISMISS COMPLAINT #14 by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from November 17, 2022, to November 18, 2022, at 10:00 AM before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY [Transferred from California Central on 12/22/2022.]
September 13, 2022 Opinion or Order Filing 17 (IN CHAMBERS) ORDER CONTINUING DEFENDANTS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, ETC., AND RIALTO CAPITAL ADVISORS, LLC'S MOTION TO TRANSFER VENUE #13 by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from October 20, 2022 to October 21, 2022, at 10:00 a.m. before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY [Transferred from California Central on 12/22/2022.]
September 13, 2022 Opinion or Order Filing 16 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) [Transferred from California Central on 12/22/2022.]
September 12, 2022 Filing 15 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Alka Sagar to Judge Andre Birotte Jr for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alexander F. MacKinnon. The case number will now reflect the initials of the transferee Judges 2:22-cv-06298 AB(AFMx). (rn) [Transferred from California Central on 12/22/2022.]
September 9, 2022 Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Motion set for hearing on 11/17/2022 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Exhibit to Motion to Dismiss, #2 Exhibit to Motion to Dismiss, #3 Proposed Order to Motion to Dismiss) (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 8, 2022 Filing 13 NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Motion set for hearing on 10/20/2022 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Declaration of Llynn White ISO Motion to Transfer, #2 Exhibit A to Declaration of Llynn White - Part 1, #3 Exhibit A to Declaration of Llynn White - Part 2, #4 Exhibit A to Declaration of Llynn White - Part 3, #5 Proposed Order on Motion to Transfer) (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 8, 2022 Filing 12 CIVIL COVER SHEET filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 8, 2022 Filing 11 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice of Removal (Attorney Civil Case Opening) #1 by Magistrate Judge Alka Sagar. Counsel is ordered to file a Civil Cover Sheet, that cures the deficiency listed on the "Notice of Deficiencies" (Docket No. 7), by no later than noon on September 12, 2022. Counsel may contact the Help Desk at (213) 894-0242 or ecf-helpdesk@cacd.uscourts.gov for assistance in properly e-filing the document. (et) [Transferred from California Central on 12/22/2022.]
September 8, 2022 Opinion or Order Filing 10 MINUTES (In Chambers) ORDER by Magistrate Judge Alka Sagar: This action has been assigned to the calendar of Magistrate Judge Alka Sagar under the Civil Consent Pilot Project. The parties are reminded to review the time requirements for consent set forth in the Notice to Counsel that was issued at the time of the filing of the complaint. Plaintiff is instructed to forthwith serve a copy of this Order on all parties that have already been served with the summons and complaint, or to serve all parties with a copy of this Order at the time of service of the summons and complaint. (et) [Transferred from California Central on 12/22/2022.]
September 6, 2022 Opinion or Order Filing 9 ORDER by Magistrate Judge Alka Sagar: Granting #8 Non-Resident Attorney Llynn K White APPLICATION to Appear Pro Hac Vice on behalf of Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A., designating Stephanie L Bowlby as local counsel. (et) [Transferred from California Central on 12/22/2022.]
September 6, 2022 Filing 8 APPLICATION of Non-Resident Attorney Llynn K. White to Appear Pro Hac Vice on behalf of Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33931374) filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 6, 2022 Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening) #1 . The following error(s) was found: Other error(s) with document(s): Attachment(s): # 1 Civil Cover Sheet should not have been attached to the Notice of Removal. The document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (sh) [Transferred from California Central on 12/22/2022.]
September 6, 2022 Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alka Sagar. (Attachments: #1 CV-11C) (sh) [Transferred from California Central on 12/22/2022.]
September 2, 2022 CONFORMED E-FILED COPY OF COMPLAINT against Defendants Does, Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A., filed by Plaintiff NMS 1759, LLC, NMS 1548, LLC, NMS Superior Apartments, LLC, NMS 1539, LLC, NMS Northridge, LLC, NMS Warner Center, LLC.[FILED IN STATE COURT 07/28/2022 SUBMITTED AS ATTACHMENT NO. 4 EXHIBIT EXHIBIT B TO THE NOTICE OF REMOVAL #1 ] (sh) [Transferred from California Central on 12/22/2022.]
September 2, 2022 Filing 5 PROOF OF SERVICE filed by Defendant Wells Fargo Bank, National Association, re Certificate/Notice of Interested Parties #3 , Notice of Appearance or Withdrawal of Counsel (G-123), #4 , Certificate/Notice of Interested Parties #2 , Notice of Removal (Attorney Civil Case Opening),, #1 served on 09/02/2022. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 2, 2022 Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Stephanie L Bowlby counsel for Defendant Wells Fargo Bank, National Association. Adding Stephanie L. Bowlby as counsel of record for Wells Fargo Bank, N.A., et al. for the reason indicated in the G-123 Notice. Filed by Defendant Wells Fargo Bank, N.A., et al.. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 2, 2022 Filing 3 CERTIFICATE of Interested Parties filed by Defendant Wells Fargo Bank, National Association, identifying Rialto Capital Advisors, LLC. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 2, 2022 Filing 2 CERTIFICATE of Interested Parties filed by Defendant Wells Fargo Bank, National Association, identifying Wells Fargo Bank, N.A.. (Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]
September 2, 2022 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV24407 Receipt No: ACACDC-33925267 - Fee: $402, filed by Defendant Wells Fargo Bank, National Association. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1A in support of Notice of Removal, #3 Exhibit 1B in support of Notice of Removal, #4 Exhibit 1C - Part 1- in Support of Notice of Removal, #5 Exhibit 1C - Part 2- in Support of Notice of Removal, #6 Exhibit 1C - Part 3- in Support of Notice of Removal, #7 Exhibit 1C - Part 4 - in Support of Notice of Removal, #8 Exhibit 2 in Support of Notice of Removal) (Attorney Stephanie L Bowlby added to party Wells Fargo Bank, National Association(pty:dft))(Bowlby, Stephanie) [Transferred from California Central on 12/22/2022.]

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Plaintiff: NMS 1539, LLC
Represented By: David A Taran
Represented By: Jean Young Rhee
Represented By: Larry C. Russ
Represented By: Matthew Alan Rips
Represented By: Robert Stephen Meloni
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Plaintiff: NMS 1548, LLC
Represented By: David A Taran
Represented By: Jean Young Rhee
Represented By: Larry C. Russ
Represented By: Matthew Alan Rips
Represented By: Robert Stephen Meloni
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Plaintiff: NMS 1759, LLC
Represented By: Larry C. Russ
Represented By: David A Taran
Represented By: Jean Young Rhee
Represented By: Matthew Alan Rips
Represented By: Robert Stephen Meloni
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Plaintiff: NMS Superior Apartments, LLC
Represented By: David A Taran
Represented By: Jean Young Rhee
Represented By: Larry C. Russ
Represented By: Matthew Alan Rips
Represented By: Robert Stephen Meloni
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Plaintiff: NMS WARNER CENTER, LLC
Represented By: David A Taran
Represented By: Jean Young Rhee
Represented By: Larry C. Russ
Represented By: Matthew Alan Rips
Represented By: Robert Stephen Meloni
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Plaintiff: NMS NORTHRIDGE, LLC
Represented By: David A Taran
Represented By: Jean Young Rhee
Represented By: Larry C. Russ
Represented By: Matthew Alan Rips
Represented By: Robert Stephen Meloni
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Defendant: Wells Fargo Bank N.A.
Represented By: Joel Charles Gerson
Represented By: Llynn K. White
Represented By: Stephanie L. Bowlby
Represented By: Llynn K White
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Defendant: Rialto Capital Advisors, LLC
Represented By: Joel Charles Gerson
Represented By: Llynn K. White
Represented By: Stephanie L. Bowlby
Represented By: Llynn K White
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Defendant: Does 1-20
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