Wilmington Savings Fund Society, FSB v. DIP Hospitality LLC
| Wilmington Savings Fund, FSB, successor-by-merger to Beneficial Bank and Conestoga Bank and Wilmington Savings Fund Society, FSB |
| DIP Hospitality LLC, a New York limited liability company and DIP Hospitality LLC |
| 1:2020cv01616 |
| November 3, 2020 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 19 CERTIFICATE OF SERVICE by Wilmington Savings Fund Society, FSB re #17 Order on Motion to Appoint Receiver (Schell, Jacquelyn) |
| Filing 18 AFFIDAVIT of Service for Order Appointing Receiver served on Colleen Banahan of Secretary of State on November 24, 2020, filed by Wilmington Savings Fund Society, FSB. (Schell, Jacquelyn) |
Filing 17
ORDER granting #3 Motion to Appoint Receiver. Gray & Associates, LLC appointed. Signed by Hon. John L. Sinatra, Jr. on 11/19/20. (SG) Modified on 11/20/2020 to correct spelling of Receiver (SG).
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| Filing 16 Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Motion Hearing held via teleconference on 11/19/2020 re Plaintiff's #3 Motion to Appoint Receiver. Plaintiff confirms Defendant has been properly served and there has been no appearance by Defendant in this matter. Court grants the motion for reasons stated on the record. Court transcript will constitute the written decision of the Court. Court signs and files the proposed order. Plaintiff is directed to serve a copy of the order upon Defendant through the Secretary of State, in addition to any informal method of delivery to counsel for the defendant. Appearances. For plaintiff, Jacquelyn Schell. (Court Reporter Ann Sawyer) (KLH) |
| Filing 15 RESPONSE in Support re #3 MOTION to Appoint Receiver filed by Wilmington Savings Fund Society, FSB. (Attachments: #1 Declaration of Christine Barba in Support, #2 Exhibit A, #3 Exhibit B)(Schell, Jacquelyn) |
| Filing 14 TEXT ORDER. At the hearing on 11/19/2020, parties should be prepared to discuss whether this Court properly may grant the requested relief under Gordon v. Washington, 295 U.S. 30 (1935), and subsequent case law. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/17/2020. (CJG) |
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Filing 13
TEXT ORDER re #12 Letter filed by Wilmington Savings Fund Society, FSB as to DIP Hospitality LLC. The 11/19/2020 hearing on Lender's Motion for Appointment of Receiver will be held by teleconference before Hon. John L. Sinatra, Jr. Public audio access to the proceeding may be obtained by viewing Judge Sinatra's calendar on the public website at www.nywd.uscourts.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/17/2020. (KLH)
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| E-Filing Notification regarding #12 LETTER: this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (SG) |
| Filing 12 Letter filed by Wilmington Savings Fund Society, FSB as to DIP Hospitality LLC Requesting Remote Hearing. (Schell, Jacquelyn) |
| Filing 11 AFFIDAVIT of Service for Complaint, Rule 7.1 Corp. Disclosure, Mot. to Appoint Receiver, Mot. to Expedite Hearing, Summons, Text Order and Notice of Errata served on Colleen Banahan for DIP Hospitality LLC on November 9, 2020, filed by Wilmington Savings Fund Society, FSB. (Schell, Jacquelyn) |
| Filing 10 NOTICE by Wilmington Savings Fund Society, FSB re 9 Text Order, disclosing that plaintiff and WSFS Financial Corporation have no corporate relationship with M&T Bank Corporation or Wilmingtion Trust N.A. (Schell, Jacquelyn) |
| Filing 9 TEXT ORDER. In addition to the disclosures referenced in the order dated 11/5/2020 (Dkt. 6) and those already filed (Dkt. 2), Plaintiff Wilmington Savings Fund Society, FSB is ordered to disclose any relationships Plaintiff or WSFS Financial Corporation has with M & T Bank Corporation or Wilmington Trust N.A., no later than Monday 11/9/2020. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/6/2020. (CJG) |
| Filing 8 NOTICE by Wilmington Savings Fund Society, FSB re #3 MOTION to Appoint Receiver of Errata (Attachments: #1 Exhibit Corrected Exhibit D to Mitzner Decl.)(Schell, Jacquelyn) |
| Filing 7 Set/Reset hearings: Argument set for 11/19/2020, at 10:00 AM in the U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. (KLH) Modified on 11/5/2020 to set hearing only; duplicate entry (KLH). |
| Filing 6 TEXT ORDER. The Court grants Plaintiff's #4 Motion to Expedite Hearing on Lender's Motion for Appointment for a Receiver as follows. Plaintiff shall serve Defendant with the complaint, all motion papers, and a copy of this text order by 11/9/2020. Defendant's response, if any, is due 11/13/2020. Plaintiff's reply, if any, is due 11/17/2020. The parties shall appear for argument on 11/19/2020 at 10 a.m. in the U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Parties are instructed to file any disclosure statements in accordance with the local rules and Judge Sinatra's preferences listed on the court website. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/5/2020. (CJG) |
| E-Filing Notification re 7 Text Order: Entry has been modified to eliminate duplicate Text Order; set hearing date only. (KLH) |
| Filing 5 Summons Issued as to DIP Hospitality LLC. (SG) |
| Filing 4 MOTION to Expedite by Wilmington Savings Fund, FSB, successor-by-merger to Beneficial Bank and Conestoga Bank. (Attachments: #1 Notice of Mot. to Appoint Receiver, #2 Memorandum in Support, #3 Declaration of S. Mitzner, #4 Exhibit A - Note, #5 Exhibit B - Recorded Mortgage, #6 Exhibit C - Assignment of Leases and Rents, #7 Exhibit D - Receiver Proposal, #8 Declaration of D. Doerr, #9 Exhibit A - Inspector's Report, #10 Exhibit B - Photos, #11 Text of Proposed Order Appointing Receiver, #12 Text of Proposed Order)(Schell, Jacquelyn) |
| Filing 3 MOTION to Appoint Receiver by Wilmington Savings Fund, FSB, successor-by-merger to Beneficial Bank and Conestoga Bank. (Attachments: #1 Memorandum in Support, #2 Declaration of Shane Mitzner, #3 Exhibit A - Note, #4 Exhibit B - Recorded Mortgage, #5 Exhibit C - Assignment of Leases and Rent, #6 Exhibit D - Receiver Proposal, #7 Declaration of David Doerr, #8 Exhibit A - Inspector's Report, #9 Exhibit B - Photos, #10 Text of Proposed Order)(Schell, Jacquelyn) |
| Case assigned to Hon. John L. Sinatra, Jr., Notification to Chambers of on-line civil case opening. (SG) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (SG) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) |
| Filing 2 Corporate Disclosure Statement by Wilmington Savings Fund, FSB, successor-by-merger to Beneficial Bank and Conestoga Bank identifying Corporate Parent WSFS Financial Corporation for Wilmington Savings Fund, FSB, successor-by-merger to Beneficial Bank and Conestoga Bank.. (Schell, Jacquelyn) |
| Filing 1 COMPLAINT against DIP Hospitality LLC, a New York limited liability company $ 400 receipt number 0209-4035479, filed by Wilmington Savings Fund, FSB, successor-by-merger to Beneficial Bank and Conestoga Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet, #9 Proposed Summons)(Schell, Jacquelyn) |
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