W Financial REIT, Ltd v. 150-152 East 79 LLC et al
| W FINANCIAL REIT, LTD |
| 150-152 EAST 79 LLC, ZIEL FELDMAN, LANGAN ENGINEERING, ENVIRONMENTAL, SURVEYING, LANDSCAPE ARCHITECTURE & GEOLOGY, D.P.C., TETRA ENGINEERS ARCHITECTS & LANDSCAPE ARCHITECTS, P.C., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE, FDIC AS RECEIVER FOR FIRST REPUBLIC BANK, Langan Engineering, Environmental, Surveying Landscape Architecture & Geology, D.P.C. and JPMorgan Chase Bank, N.A. |
| 1:2023cv03942 |
| May 10, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
NOTICE OF APPEARANCE by Heath Brian Kushnick on behalf of JPMorgan Chase Bank, N.A...(Kushnick, Heath)
|
|
Filing 22
NOTICE OF APPEARANCE by Daniel James Ansell on behalf of JPMorgan Chase Bank, N.A...(Ansell, Daniel)
|
|
Filing 21
ORDER The parties shall advise by July 12, 2023, whether the stay in this action (ECF No. 18) should be lifted in view of JPMorgan Chase Bank, N.A.'s substitution as a party (ECF No. 20). See Jo v. JPMC Specialty Mortg., LLC, 248 F. Supp. 3d 417, 424 (W.D.N.Y. 2017) ("[B]ecause FIRREA does not contemplate administrative review of claims that have passed to the purchasing bank, that statute does not apply to any claims assumed by JPMC through virtue of the P & A Agreement."); Fed. Hous. Fin. Agency v. JPMorgan Chase & Co., 902 F. Supp. 2d 476, 502 {S.D.N.Y. 2012) (finding FIRREA inapplicable because the liabilities at issue passed from the receiver to the defendant). SO ORDERED. (Signed by Judge John G. Koeltl on 7/7/2023) (jca)
|
|
Filing 20
STIPULATION OF SUBSTITUTION AND ORDER NOW, THEREFORE, pursuant to Fed. R. Civ. P. 41(a)(l)(A)(ii), IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff, FDIC-Receiver and JPMC that: (1) JPMC be substituted in place of FD JC-Receiver in the above-captioned action, and FDIC-Receiver is dismissed from the action without prejudice. (2) Nothing contained herein shall be deemed a waiver or admission of any claim or allegation asse1ted in this action. Before the Court is the Stipulation by plaintiffW Financial REIT, Ltd., outgoing defendant FDIC as Receiver for First Republic Bank, and incoming defendant JPMorgan Chase Bank, N.A. Having considered the Stipulation, and finding that good cause exists and the relief sought is justified, it is hereby ORDERED that JPMorgan Chase Bank, N.A. is substituted in place of FDIC as Receiver for First Republic Bank in the above-referenced action, and FDIC as Receiver for First Republic Bank is dismissed from the action without prejudice. The Clerk is requested to amend the caption in the above-referenced action accordingly. FDIC as Receiver for First Republic Bank terminated. (Signed by Judge John G. Koeltl on 7/7/2023) (jca)
|
|
Filing 19
PROPOSED STIPULATION AND ORDER. Document filed by JPMorgan Chase Bank, N.A...(Kushnick, Heath)
|
|
Filing 18
MEMORANDUM OPINION AND ORDER re: #3 MOTION to Stay Notice of Motion to Stay by the FDIC as Receiver for First Republic Bank to Stay Judicial Proceedings. filed by FDIC as Receiver for First Republic Bank. For the reasons explained above, the FDIC-R's request for a stay pending administrative exhaustion is granted. This action is stayed pending the plaintiff's exhaustion of FIRREA's administrative claims process. The Clerk is directed to close ECF No. 3. SO ORDERED. Case stayed. (Signed by Judge John G. Koeltl on 7/5/2023) (tg)
|
|
Filing 17
MEMO ENDORSEMENT granting #15 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. SO ORDERED. Attorney Eric Nevins Whitney terminated. (Signed by Judge John G. Koeltl on 6/14/2023) (rro)
|
|
Filing 16
DECLARATION of Eric N. Whitney in Support re: #15 MOTION for Arnold and Porter to Withdraw as Attorney .. Document filed by FDIC as Receiver for First Republic Bank..(Whitney, Eric)
|
|
Filing 15
MOTION for Arnold and Porter to Withdraw as Attorney . Document filed by FDIC as Receiver for First Republic Bank..(Whitney, Eric)
|
|
Filing 14
ORDER granting #13 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 6/7/2023) (ks)
|
|
Filing 13
LETTER MOTION for Extension of Time to File Vacatur of Stipulated Order addressed to Judge John G. Koeltl from Eric N. Whitney dated June 6, 2023. Document filed by FDIC as Receiver for First Republic Bank..(Whitney, Eric)
|
|
Filing 12
NOTICE OF APPEARANCE by Rosemary Quinn Barry on behalf of FDIC as Receiver for First Republic Bank..(Barry, Rosemary)
|
|
Filing 11
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, plaintiff W Financial REIT, LTD. substitutes Howard S. Koh of MEISTER SEELIG & FEIN PLLC. as counsel of record in place of Frank Dell'Amore. The substitution of attorney is hereby approved and so ORDERED. Attorney Howard Steven Koh for W Financial REIT, Ltd added. Attorney Frank Carmine Dell'Amore terminated. (Signed by Judge John G. Koeltl on 5/31/2023) (rro)
|
|
Filing 10
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by W Financial REIT, Ltd..(Koh, Howard)
|
|
Filing 9
STIPULATION REGARDING TIME TO RESPOND TO AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel that the time for FDIC Receiver to answer, move or respond to Plaintiff's Amended Complaint is extended to and includes June 19, 2023. IT IS HEREBY STIPULATED AND FURTHER AGREED that this stipulation may be executed in counterparts by facsimile or electronic signatures and shall have the same full force and effect as a single, original executed document. STIPULATED AND AGREED. SO STIPULATED, IT IS SO ORDERED. FDIC as Receiver for First Republic Bank answer due 6/19/2023. (Signed by Judge John G. Koeltl on 5/17/2023) (vfr)
|
|
Filing 8
PROPOSED STIPULATION AND ORDER. Document filed by FDIC as Receiver for First Republic Bank..(Whitney, Eric)
|
|
Filing 7
ORDER Any opposition to the motion to stay filed by the FDIC as receiver for First Republic Bank (ECF No. 3) is due on May 26, 2023. Any reply is due by June 2, 2023. SO ORDERED. (Replies due by 6/2/2023., Responses due by 5/26/2023) (Signed by Judge John G. Koeltl on 5/12/2023) (jca)
|
|
Filing 6
NOTICE OF APPEARANCE by Frank Carmine Dell'Amore on behalf of W Financial REIT, Ltd..(Dell'Amore, Frank)
|
|
Filing 5
DECLARATION of Eric N. Whitney in Support re: #3 MOTION to Stay Notice of Motion to Stay by the FDIC as Receiver for First Republic Bank to Stay Judicial Proceedings.. Document filed by FDIC as Receiver for First Republic Bank. (Attachments: #1 Exhibit A: Appointment Orders, #2 Exhibit B: FDIC Acceptance Letter).(Whitney, Eric)
|
|
Filing 4
MEMORANDUM OF LAW in Support re: #3 MOTION to Stay Notice of Motion to Stay by the FDIC as Receiver for First Republic Bank to Stay Judicial Proceedings. . Document filed by FDIC as Receiver for First Republic Bank..(Whitney, Eric)
|
|
Filing 3
MOTION to Stay Notice of Motion to Stay by the FDIC as Receiver for First Republic Bank to Stay Judicial Proceedings. Document filed by FDIC as Receiver for First Republic Bank..(Whitney, Eric)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eric Nevins Whitney. The party information for the following party/parties has been modified: 150-152 EAST 79 LLC, ZIEL FELDMAN, LANGAN ENGINEERING, ENVIRONMENTAL, SURVEYING, LANDSCAPE ARCHITECTURE AND GEOLOGY, D.P.C. TETRA ENGINEERS ARCHITECTS & LANDSCAPE ARCHITECTS, P.C., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE and FDIC AS RECEIVER FOR FIRST REPUBLIC BANK, W FINANCIAL REIT, LTD. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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 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. (vf)
|
|
Case Designated ECF. (vf)
|
|
Filing 2
CIVIL COVER SHEET filed..(Whitney, Eric)
|
|
Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 850128-2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-27724880).Document filed by FDIC AS RECEIVER FOR FIRST REPUBLIC BANK. (Attachments: #1 Exhibit Exhibit A - Appointment Orders and FDIC Acceptance Letter - final, #2 Exhibit Exhibit B - Amended Complaint, #3 Exhibit Exhibit C - Notice of Substitution, #4 Exhibit Exhibit D - Notice of Filing of Notice of Removal, #5 Exhibit Exhibit E - Part 1 Process, Pleadings & Orders on Record, #6 Exhibit Exhibit E - Part 2, #7 Exhibit Exhibit E - Part 3, #8 Exhibit Exhibit E - Part 4, #9 Exhibit Exhibit E - Part 5, #10 Exhibit Exhibit E - Part 6, #11 Exhibit Exhibit E - Part 7 Dkt. 77, #12 Exhibit Exhibit E - Part 8 Dkt. 79-81, #13 Exhibit Exhibit E - Part 9 Dkt. 112-113, #14 Exhibit Exhibit E - Part 10 Amended Complaint, #15 Exhibit Exhibit E - Part 11 Exh. B to Amended Complaint, #16 Exhibit Exhibit E - Part 12 Service and Substitution).(Whitney, Eric)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
