Wells Fargo Bank, National Association v. 1103-1105 Sheridan Avenue Realty LLC 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 |
1103-1105 Sheridan Avenue Realty LLC, 1103-1105 Sheridan Avenue Realty 2 LLC, 2160 Anthony Avenue Realty LLC, 2160 Anthony Avenue Realty 2 LLC, 2332 Walton Avenue Realty LLC, 2332 Walton Avenue Realty 2 LLC, 2357 Washington Avenue Realty LLC, 2357 Washington Avenue Realty 2 LLC, Isaac Kassirer, Elmax Builders Supply LLC and New York City Environmental Control Board |
1:2023cv10844 |
December 13, 2023 |
US District Court for the Southern District of New York |
Valerie E Caproni |
Robert W Lehrburger |
Real Property: Foreclosure |
28 U.S.C. § 1332 Diversity Action |
None |
Docket Report
This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 31 NOTICE OF APPEARANCE by John Robert Stoelker on behalf of Wells Fargo Bank, National Association..(Stoelker, John) |
Filing 30 AFFIDAVIT OF SERVICE of Order to Show Cause to Appoint 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 29 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) |
Filing 28 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). |
CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-10796-VM-RWL. (mml) |
Filing 27 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) |
Filing 26 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Robert W. Lehrburger. All such motions. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/12/2024) (vfr) |
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 Proposed Order to Show Cause Without Emergency Relief,. 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 Proposed Order to Show Cause Without Emergency Relief, . Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
Filing 22 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Wells Fargo Bank, National Association. Related Document Number: #8 ..(Lubertazzi, Joseph) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
Filing 21 LETTER addressed to Judge Valerie E. Caproni from Joseph Lubertazzi, Jr., Esq. dated January 12, 2024 re: Pending Foreclosure Actions. Document filed by Wells Fargo Bank, National Association..(Lubertazzi, Joseph) |
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #22 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (nd) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (nd) |
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 20 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 19 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 18 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 2357 Washington Avenue Realty 2 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 17 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 2357 Washington Avenue Realty 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 16 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 2332 Walton Avenue Realty 2 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 15 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 2332 Walton Avenue Realty 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 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 2160 Anthony Avenue Realty 2 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,,. 2160 Anthony Avenue Realty 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 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 1103-1105 Sheridan Avenue Realty 2 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 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 1103-1105 Sheridan Avenue Realty 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 10 ELECTRONIC SUMMONS ISSUED as to 1103-1105 Sheridan Avenue Realty 2 LLC, 1103-1105 Sheridan Avenue Realty LLC, 2160 Anthony Avenue Realty 2 LLC, 2160 Anthony Avenue Realty LLC, 2332 Walton Avenue Realty 2 LLC, 2332 Walton Avenue Realty LLC, 2357 Washington Avenue Realty 2 LLC, 2357 Washington Avenue Realty LLC, Elmax Builders Supply LLC, Isaac Kassirer, New York City Environmental Control Board. (vf) |
Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to 1103-1105 Sheridan Avenue Realty LLC, 1103-1105 Sheridan Avenue Realty 2 LLC, 2160 Anthony Avenue Realty LLC, 2160 Anthony Avenue Realty 2 LLC, 2332 Walton Avenue Realty LLC, 2332 Walton Avenue Realty 2 LLC, 2357 Washington Avenue Realty LLC, 2357 Washington Avenue Realty 2 LLC, 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) |
Filing 8 ORDER denying #5 Motion to Appoint. IT IS HEREBY ORDERED that Plaintiff's motion for ex parte appointment of a receiver is DENIED. IT IS FURTHER ORDERED that Plaintiff may proceed by filing a proposed order to show cause why a receiver should not be appointed and serving it on Defendants. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 5. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 12/18/2023) (ks) |
NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (tro) |
CASE DECLINED AS NOT RELATED. Case referred as related to 1:23-cv-10796-VM and declined by Judge Victor Marrero and returned to wheel for assignment. (tro) |
Magistrate Judge Katharine H. Parker 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) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
Case Designated ECF. (gp) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Lubertazzi, Jr.. The party information for the following party/parties has been modified: Joseph Lubertazzi, Jr.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp) |
CASE REFERRED TO Judge Victor Marrero as possibly related to 1:23-cv-10796. (gp) |
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 1103-1105 Sheridan Avenue Realty 2 LLC, 1103-1105 Sheridan Avenue Realty LLC, 2160 Anthony Avenue Realty 2 LLC, 2160 Anthony Avenue Realty LLC, 2332 Walton Avenue Realty 2 LLC, 2332 Walton Avenue Realty LLC, 2357 Washington Avenue Realty 2 LLC, 2357 Washington Avenue Realty LLC, Elmax Builders Supply LLC, Isaac Kassirer, New York City Environmental Control Board. (Filing Fee $ 405.00, Receipt Number ANYSDC-28690605)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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