Wells Fargo Bank, National Association v. Bronx 1235 Morris Avenue L.P. et al
| Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1 and Wells Fargo Bank, National Association |
| Bronx 1235 Morris Avenue L.P., Bronx 773 Melrose Avenue L.P., Bronx 214 East 168th Street L.P., Isaac Kassirer, Elmax Builders Supply LLC and New York City Environmental Control Board |
| 1:2023cv10832 |
| December 13, 2023 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Edgardo Ramos |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Filing 27 NOTICE OF APPEARANCE by John Robert Stoelker on behalf of Wells Fargo Bank, National Association..(Stoelker, John) |
| Filing 26 AFFIDAVIT OF SERVICE of Motion to Appoint a Rent Receiver and 1/29/2024 Order served on all defendants on or before 2/5/2024. Service was made by MAIL. Document filed by Wells Fargo Bank, National Association..(Stoelker, John) |
| Filing 25 PROPOSED ORDER. Document filed by Wells Fargo Bank, National Association. Related Document Number: #22 ..(Lubertazzi, Joseph) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 24 DECLARATION of Ryan Harvey in Support re: #22 MOTION to Appoint Receiver(s) Ian Lagowitz .. Document filed by Wells Fargo Bank, National Association. (Attachments: #1 Exhibit A - Mortgage, #2 Exhibit B - Note, #3 Exhibit C - Loan Agreement, #4 Exhibit D - Omnibus Assignment, #5 Exhibit E - Assignment of Mortgage to SDOF, #6 Exhibit F - Assignment of Mortgage to Sabal, #7 Exhibit G - Assignment of Mortgage to Lender, #8 Exhibit H - Curriculum Vitae of Ian Lagowitz).(Lubertazzi, Joseph) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint Receiver(s) Ian Lagowitz . . Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 22 MOTION to Appoint Receiver(s) Ian Lagowitz . Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Isaac Kassirer served on 1/27/2024, answer due 2/20/2024. Service was made by MAIL. Document filed by Wells Fargo Bank, National Association..(Stoelker, John) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (km) |
Filing 20
ORDER: All of the above captioned cases have been referred to me for general pretrial purposes and are hereby consolidated for all pretrial purposes unless otherwise ordered. According to the status letter filed by Plaintiff's counsel on January 19, 2024, Plaintiff has filed a motion for appointment of receiver in each case, one of which has been granted, the others which remain at varying states of pendency. Accordingly: 1. For any of the cases in which Plaintiff's counsel has not yet served Defendant with motion papers for appointment of receiver. Plaintiff shall do so by February 5, 2024, and shall file an affidavit of service of same by February 7, 2024. 2. Any response to the motions shall be filed by February 15, 2024. Any reply shall be filed by February 20, 2024. If Defendant does not file any response by February 15, 2024, the Court will proceed to resolve the motion for appointment of a receiver. 3. The Court will set a hearing date if it determines that a hearing is necessary. SO ORDERED. Copies transmitted this date to all counsel of record. (Replies due by 2/20/2024. Responses due by 2/15/2024.) (Signed by Magistrate Judge Robert W. Lehrburger on 1/29/2024) (mml) Modified on 1/29/2024 (mml).
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| CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-10796-VM-RWL. (mml) |
| Filing 19 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Joseph Lubertazzi, Jr., Esq. dated January 19, 2024 re: Status of Foreclosure Actions with Common Parties. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
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Filing 18
ORDER OF REFERENCE TO A 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 Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Edgardo Ramos on 1/16/2024) (ama)
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| Filing 17 LETTER MOTION for Leave to File Motion to Appoint a Rent Receiver addressed to Judge Edgardo Ramos from Joseph Lubertazzi, Jr. dated 01/12/2024. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 16 LETTER addressed to Judge Edgardo Ramos from Joseph Lubertazzi, Jr., Esq. dated January 12, 2024 re: Pending Foreclosure Actions. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert Lehrburger to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (vba) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,,. New York City Environmental Control Board served on 1/2/2024, answer due 1/23/2024. Service was accepted by Jerry Bradshaw, Unit Chief. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Elmax Builders Supply LLC served on 12/29/2023, answer due 1/19/2024. Service was accepted by Sue Zouky, Business Document Specialist at NY State Dept of State. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 214 East 168th Street L.P. served on 12/29/2023, answer due 1/19/2024. Service was accepted by Sue Zouky, Business Document Specialist at NY State Dept of State. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 773 Melrose Avenue L.P. served on 12/29/2023, answer due 1/19/2024. Service was accepted by Sue Zouky, Business Document Specialist at NY State Dept of State. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Bronx 1235 Morris Avenue L.P. served on 12/29/2023, answer due 1/19/2024. Service was accepted by Sue Zouky, Business Document Specialist at NY State Dept of State. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Bronx 1235 Morris Avenue L.P., Bronx 214 East 168th Street L.P., Bronx 773 Melrose Avenue L.P., Elmax Builders Supply LLC, Isaac Kassirer, New York City Environmental Control Board..(gp) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Bronx 1235 Morris Avenue L.P., Bronx 773 Melrose Avenue L.P., Bronx 214 East 168th Street L.P., Isaac Kassirer, Elmax Builders Supply LLC, New York City Environmental Control Board, re: #1 Complaint,,. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
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Filing 8
ORDER: denying #5 Motion to Appoint a Receiver. The ex parte motion to appoint a receiver (Doc. 5) is DENIED. The Court will not appoint a receiver without giving Defendants an opportunity to respond. The Clerk of Court is respectfully directed to terminate the motion (Doc. 5). It is SO ORDERED. (Signed by Judge Edgardo Ramos on 12/18/2023) (ama)
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| CASE DECLINED AS NOT RELATED. Case referred as related to 23cv10796 and declined by Judge Victor Marrero and returned to wheel for assignment. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (tro) |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (tro) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Lubertazzi, Jr.. The party information for the following party/parties has been modified: Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add party text separately. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| CASE REFERRED TO Judge Victor Marrero as possibly related to 23-cv-10796. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 7 MEMORANDUM OF LAW in Support re: #5 EX PARTE MOTION to Appoint Receiver(s) Ian Lagowitz . . Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Lubertazzi, Joseph) |
| Filing 6 DECLARATION of Ryan Harvey in Support re: #5 EX PARTE MOTION to Appoint Receiver(s) Ian Lagowitz .. Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Lubertazzi, Joseph) |
| Filing 5 EX PARTE MOTION to Appoint Receiver(s) Ian Lagowitz . Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Lubertazzi, Joseph) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Lubertazzi, Joseph) |
| Filing 3 RELATED CASE AFFIRMATION of Joseph Lubertazzi, Jr. re: that this action be filed as related to 23-cv-10796 (VM). Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1..(Lubertazzi, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(Lubertazzi, Joseph) |
| Filing 1 COMPLAINT against Bronx 1235 Morris Avenue L.P., Bronx 214 East 168th Street L.P., Bronx 773 Melrose Avenue L.P., Elmax Builders Supply LLC, Isaac Kassirer, New York City Environmental Control Board. (Filing Fee $ 405.00, Receipt Number ANYSDC-28689508)Document filed by Wells Fargo Bank, National Association, as Trustee, on Behalf of the Registered Holders of SBALR Commercial Mortgage 2020-RR1 Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-RR1. (Attachments: #1 Exhibit A).(Lubertazzi, Joseph) |
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