Wilmington Trust, National Association v. Aevri Salina Meadows LLC et al
| Wilmington Trust, National Association |
| Aevri Salina Meadows LLC, Moshe Rothman, New York State Department of Taxation and Finance, John Doe # 1 50 and John Doe #1 - 50 |
| William C. Colucci |
| 1:2023cv08824 |
| October 6, 2023 |
| US District Court for the Southern District of New York |
| James L Cott |
| John P Cronan |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 fc Diversity - Foreclosure |
| None |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Filing 34
OATH of William C. Colucci (Receiver). Document filed by William C. Colucci..(Procida, Brent)
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Filing 33
RECEIVER'S BOND # 837079235 in the amount of $ 50,000.00 posted by William C. Colucci..(nd)
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Filing 32
MEMO ENDORSEMENT on re: #31 Letter filed by Moshe Rothman, Aevri Salina Meadows LLC ENDORSEMENT The Court thanks the parties for their responses, Dkts. 29, 31. The parties shall undergo limited jurisdictional discovery to conclude by January 31, 2024. SO ORDERED. (Discovery due by 1/31/2024.) (Signed by Judge John P. Cronan on 12/6/2023) (jca)
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Filing 31
LETTER addressed to Judge John P. Cronan from Nathaniel Kritzer dated 12/5/2023 re: Memo Endorsement Order 12/4/2023. Document filed by Aevri Salina Meadows LLC, Moshe Rothman..(Kritzer, Nathaniel)
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Filing 30
MEMO ENDORSEMENT on re: #29 Letter, filed by Wilmington Trust, National Association ENDORSEMENT Defendants shall respond to Plaintiff's letter, including Plaintiff's request for a jurisdictional discovery period with a January 16, 2024 deadline, by tomorrow, December 5, 2023, at 5:00 p.m. SO ORDERED. (Signed by Judge John P. Cronan on 12/4/2023) (jca)
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Filing 29
LETTER addressed to Judge John P. Cronan from Brent W. Procida dated November 30, 2023 re: Response to the Pre-Motion Letter filed by the Defendants, dated November 27, 2023. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 28
LETTER addressed to Judge John P. Cronan from Nathaniel J. Kritzer dated November 27, 2023 re: Defendants' anticipated motion to dismiss and proposed briefing schedule. Document filed by Aevri Salina Meadows LLC, Moshe Rothman..(Kritzer, Nathaniel)
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Filing 27
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aevri Salina Meadows LLC..(Kritzer, Nathaniel)
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Filing 26
NOTICE OF APPEARANCE by Nathaniel Jacob Kritzer on behalf of Aevri Salina Meadows LLC, Moshe Rothman..(Kritzer, Nathaniel)
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Filing 25
ORDER APPOINTING RECEIVER. William C. Colucci appointed Receiver. Plaintiff Wilmington Trust, National Association has moved for the appointment of William C. Colucci as receiver for the commercial property located at 200, 220, and 231 Salina Meadows Parkway and 301 Plainfield Road in Syracuse, New York 13212. For reasons explained by the Court in an Order also issued today, that motion is granted. (Signed by Judge John P. Cronan on 11/22/2023) (mhe)
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Filing 24
OPINION AND ORDER For the reasons stated, Plaintiffs motion to appoint a receiver is granted, and the Court will enter an order appointing William C. Colucci as receiver for the commercial property located at 200, 220, and 231 Salina Meadows Parkway and 301 Plainfield Road in Syracuse, New York 13212. This Order is without prejudice to any of the Defendants challenging the appointment of Mr. Colucci as receiver after they appear in the case. (Signed by Judge John P. Cronan on 11/22/2023) (mhe)
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Filing 23
DECLARATION of Brent W. Procida re: #22 Memo Endorsement,,,,, re: Service of Court's Order dated November 17, 2023. Document filed by Wilmington Trust, National Association. (Attachments: #1 Exhibit 1 - November 17 Email to Steptoe & Johnson LLP, #2 Exhibit 2 - November 17 Email to Book Law LLP).(Procida, Brent)
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter Hearing on the Plaintiff's pending Order to Show Cause, filed by Wilmington Trust, National Association. ENDORSEMENT : Plaintiff initiated this action on October 6, 2023, Dkt. 1, and served the summons and Complaint on Defendants Aevri Salina Meadows LLC and Moshe Rothman ("Defendants") on November 6, 2023. Dkts 18, 19. On October 25, 2023, Plaintiff filed a proposed order to show cause for appointment of receiver, Dkt. 12, and in its instant submission represents that its need for that appointment has now become urgent. Defendants have not appeared in this action or otherwise opposed Plaintiff's requests. The Court thus directs Plaintiff to email this Order to Defendants by 3:00 p.m. today. By the end of the day, Defendants shall advise the Court whether it intends to oppose Plaintiff's request for the immediate appointment of William C. Colucci as receiver. If Defendants do intend to oppose that request, they are further directed to include a proposed an expedited briefing schedule in their submission to the Court. If Defendants fail to respond, the Court shall treat the request for appointment of a receiver as unopposed. SO ORDERED. (Signed by Judge John P. Cronan on 11/17/23) (yv)
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Filing 21
LETTER addressed to Judge John P. Cronan from Brent W. Procida dated November 17, 2023 re: Hearing on the Plaintiff's pending Order to Show Cause. Document filed by Wilmington Trust, National Association. (Attachments: #1 Exhibit 1 - November 7, 2023 Email to Nathaniel Kritzer with Links to Summons, Complaint and OTSC, #2 Exhibit 2 - November 14, 2023 Email from Nathaniel Kritzer to Brent Procida, #3 Exhibit 3 - Revised Order to Show Cause).(Procida, Brent)
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Filing 20
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. New York State Department of Taxation and Finance served on 10/19/2023, answer due 11/9/2023. Service was accepted by Candis Sowards. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 19
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Moshe Rothman served on 11/6/2023, answer due 11/27/2023. Service was accepted by Mordecai Book. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 18
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Aevri Salina Meadows LLC served on 11/6/2023, answer due 11/27/2023. Service was accepted by Mordecai Book. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 17
MEMORANDUM OF LAW in Support re: #12 Proposed Order to Show Cause Without Emergency Relief for Appointment of a Receiver. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 16
DECLARATION of Brent W. Procida in Support re: #12 Proposed Order to Show Cause Without Emergency Relief. Document filed by Wilmington Trust, National Association. (Attachments: #1 Exhibit 1 - Emails between B. Procida and Borrower's Counsel, #2 Exhibit 2 - Receiver Eligibility Search Result, #3 Exhibit 3 - Proposed Order Appointing Receiver).(Procida, Brent)
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Filing 15
DECLARATION of William C. Colucci in Support re: #12 Proposed Order to Show Cause Without Emergency Relief. Document filed by Wilmington Trust, National Association. (Attachments: #1 Exhibit 1 - Colucci Proposal for Property Management and Receivership Services, #2 Exhibit 2 - Broker's Opinion of Value).(Procida, Brent)
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Filing 14
DECLARATION of Joao Gauer in Support re: #13 Declaration in Support. Document filed by Wilmington Trust, National Association. (Attachments: #1 Exhibit 1 - Appraisal, #2 Exhibit 2 - February 2022 Rent Roll, #3 Exhibit 3 - June 2022 Rent Roll, #4 Exhibit 4 - March 2023 Rent Roll).(Procida, Brent)
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Filing 13
DECLARATION of Michael Barney in Support re: #12 Proposed Order to Show Cause Without Emergency Relief. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 12
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Wilmington Trust, National Association..(Procida, Brent) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #12 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (tp)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to New York State Department of Taxation and Finance. (vf)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Moshe Rothman. (vf)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Aevri Salina Meadows LLC. (vf)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to New York State Department of Taxation and Finance, re: #1 Complaint,,,. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Moshe Rothman, re: #1 Complaint,,,. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Aevri Salina Meadows LLC, re: #1 Complaint,,,. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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Filing 5
NOTICE OF APPEARANCE by Adam Gordon Possidente on behalf of Wilmington Trust, National Association..(Possidente, Adam)
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Filing 4
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 James L. Cott. SO ORDERED. (Signed by Judge John P. Cronan on 10/11/2023) (jca)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wilmington Trust, National Association..(Procida, Brent)
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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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action 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..(pc)
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Case Designated ECF. (pc)
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***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;. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brent W. Procida. The party information for the following party/parties has been modified: Wilmington Trust, National Association, John Doe # 1 50. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc)
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Filing 2
CIVIL COVER SHEET filed..(Procida, Brent)
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Filing 1
COMPLAINT against Aevri Salina Meadows LLC, John Doe # 1 50, New York State Department of Taxation and Finance, Moshe Rothman. (Filing Fee $ 402.00, Receipt Number ANYSDC-28394800)Document filed by Wilmington Trust, National Association. (Attachments: #1 Exhibit 1 - Promissory Note (with affixed Allonge), #2 Exhibit 2 - Mortgage, #3 Exhibit 3 - ALR, #4 Exhibit 4 - Guaranty, #5 Exhibit 5 - Cash Management Agreement, #6 Exhibit 6 - Conditional Assignment of Management Agreement, #7 Exhibit 7 - Loan Agreement, #8 Exhibit 8 - Assignment of Mortgage, #9 Exhibit 9 - Assignment of ALR, #10 Exhibit 10 - Notice of Default, #11 Exhibit 11 - August 2, 2023 Notice of Acceleration, #12 Exhibit 12 - Monthly Statements, #13 Exhibit 13 - August 8, 2023 Demand Letter - Cash Collateral, #14 Exhibit 14 - August 8, 2023 Financial Disclosure Demand Letter, #15 Exhibit 15 - September 26, 2023 Letter).(Procida, Brent)
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