U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10 v. 262 East Fordham Realty LLC et al
| U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10 |
| 262 East Fordham Realty LLC, Haim Chera, Evolution Elevator & Escalator Corp. and John Does Nos. 1-25 |
| 1:2023cv06246 |
| July 19, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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Filing 17
CERTIFICATE OF SERVICE of Summons in a Civil Action, Verified Complaint with Exhibits A - K, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement, Order to Show Cause for the Application of the Appointment of Receiver, Declaration of Gregg Williams in Support of the Order to Show Cause, Memorandum of Law in Support of the Order to Show Cause, Order signed by Judge on 7/25/23 regarding Order to Show Cause, Judge Jennifer L. Rochon's Individual Rules of Practice and SDNY EFC Rules served on Defendant Haim Chera on 08/03/2023. Service was made by Overnight Mail. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary)
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| Filing 16 SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Evolution Elevator & Escalator Corp. served on 7/27/2023, answer due 8/17/2023. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. 262 East Fordham Realty LLC served on 7/27/2023, answer due 8/17/2023. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary) |
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Filing 14
ORDER: The Court has received Plaintiff's proposed order to show cause which includes a request to appoint a receiver to take immediate possession and control of the Defendants' assets. The Court sets the following briefing schedule: Defendants' opposition to the proposed order, if any, is due August 8, 2023; Plaintiff's reply, if any, is due August 15, 2023. Plaintiff shall serve a copy of this order upon all defendants and shall file proof of service on the docket. (Signed by Judge Jennifer L. Rochon on 7/25/2023) (rro)
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| Filing 13 ELECTRONIC SUMMONS ISSUED as to Evolution Elevator & Escalator Corp.. (vf) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Haim Chera. (vf) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to 262 East Fordham Realty LLC. (vf) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Evolution Elevator & Escalator Corp., re: #1 Complaint,,,. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Haim Chera, re: #1 Complaint,,,. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Defendant 262 East Fordham Realty LLC, re: #1 Complaint,,,. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (nd) |
| Magistrate Judge James L. Cott 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. (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(gp) |
| Filing 7 MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause Without Emergency Relief, . Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary) |
| Filing 6 DECLARATION of Cody Hilke in Support re: #4 Proposed Order to Show Cause Without Emergency Relief,. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary) |
| Filing 5 DECLARATION of Gregg Williams in Support re: #4 Proposed Order to Show Cause Without Emergency Relief,. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10. (Attachments: #1 Exhibit A - Receiverships, #2 Exhibit B - Curriculum Vitae, #3 Exhibit C - Receivership Proposal).(Eisenberg, Gary) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10. (Attachments: #1 Exhibit A - Order Appointing Receiver).(Eisenberg, Gary) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10. Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10..(Eisenberg, Gary) |
| Filing 2 CIVIL COVER SHEET filed..(Eisenberg, Gary) |
| Filing 1 COMPLAINT against 262 East Fordham Realty LLC, Haim Chera, Evolution Elevator & Escalator Corp., John Does Nos. 1-25. (Filing Fee $ 402.00, Receipt Number ANYSDC-28024628)Document filed by U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Note, #3 Exhibit C - Mortgage, #4 Exhibit D - Assignment of Rents, #5 Exhibit E - Guaranty, #6 Exhibit F - Cash Management Agreement, #7 Exhibit G - Enviornmental Indemnity Agreement, #8 Exhibit H - Omnibus Assignment, #9 Exhibit I - State UCC, #10 Exhibit J - Bronx UCC, #11 Exhibit K - Default Letter).(Eisenberg, Gary) |
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| Plaintiff: U.S. Bank National Association, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C10, Commercial Mortgage Pass-Through Certificates, Series 2013-C10 | |
| Represented By: | Gary Frederick Eisenberg |
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| Defendant: 262 East Fordham Realty LLC | |
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| Defendant: Haim Chera | |
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| Defendant: Evolution Elevator & Escalator Corp. | |
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| Defendant: John Does Nos. 1-25 | |
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