United States of America v. The Premises and Real Property with Buildings, Appurtenances, and Improvements at 4240 Wolf Run, Lewiston, New York, that is, all that tract and parcel of land, situate in the Town of Lewiston, Count
| United States of America |
| THE PREMISES AND REAL PROPERTY WITH BUILDINGS, APPURTENANCES, AND IMPROVEMENTS AT 4240 WOLF RUN, LEWISTON, NEW YORK, THAT IS, ALL THAT TRACT AND PARCEL OF LAND, SITUATE IN THE TOWN OF LEWISTON, COUNT |
| Toorak Capital Partners, LLC |
| 1:2023cv00027 |
| January 11, 2023 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Drug Related Seizure of Property |
| 21 U.S.C. § 881 Forfeiture Property-Drugs |
| None |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 Letter from John & Donna Werner, dated 8/19/2023, to Judge Vilardo regarding purchase of premises. (JLV) |
| Filing 27 Letter filed by United States of America as to The Premises and Real Property with Buildings, Appurtenances, and Improvements at 4240 Wolf Run, Lewiston, New York, that is, all that tract and parcel of land, situate in the Town of Lewiston, Count Letter Reply to Affirmation in Opposition. (Kane, Mary) |
| Filing 26 AFFIDAVIT of Alan Weinreb in Opposition re #20 MOTION for Default Judgment as to The Premises and Real Property with Buildings, Appurtenances, and Improvements at 4240 Wolf Run, Lewiston, New York, that is, all that tract and parcel of land, situate in the Town of Lewiston, Count filed by Toorak Capital Partners, LLC. (Weinreb, Alan) |
| Filing 25 CLAIM Answer with Verification by Toorak Capital Partners, LLC. (Weinreb, Alan) |
| Filing 24 NOTICE of Appearance by Alan H. Weinreb on behalf of Toorak Capital Partners, LLC (Weinreb, Alan) |
| Filing 23 CLAIM by Toorak Capital Partners, LLC. (Weinreb, Alan) |
| Filing 22 TEXT ORDER re: Motion for Default Judgment, Docket Item 20. Response due by 5/23/2023. Reply due by 6/6/2023. If necessary, oral argument will be scheduled at a later date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/2/2023. (WMH)This was mailed to: Commerical Lender, LLC; Y&L Beauty Nail, Inc.; and 4240 Wolf Run, see Docket Item 21. |
| Filing 21 CERTIFICATE OF SERVICE by United States of America (Kane, Mary) |
| Filing 20 MOTION for Default Judgment as to The Premises and Real Property with Buildings, Appurtenances, and Improvements at 4240 Wolf Run, Lewiston, New York, that is, all that tract and parcel of land, situate in the Town of Lewiston, Count by United States of America.(Kane, Mary) |
| Filing 19 Clerk's ENTRY OF DEFAULT as to The Premises and Real Property with Buildings, Appurtenances, and Improvements at 4240 Wolf Run, Lewiston, New York, that is, all that tract and parcel of land, situate in the Town of Lewiston This was mailed to: Commerical Lender, LLC and Y&L Beauty Nail, Inc. (JLV) |
| Filing 18 REQUEST for Clerk's Entry of Default by United States of America against The Premises and Real Property with Buildings, Appurtenances, and Improvements at 4240 Wolf Run, Lewiston, New York, that is, all that tract and parcel of land, situate in the Town of Lewiston, Count. (Kane, Mary) |
| Filing 17 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 4/18/2023. AUSA Kane reported notice was provided to lender, and no claim was filed by deadline. Ms. Kane will file a request for clerk's entry of default, and subsequent motion for default judgment. Appearances. For plaintiff: AUSA Mary C. Kane. For defendant: No Appearance. (Court Reporter Ann M. Sawyer.) (CMD) |
| Filing 16 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Return Date on Arrest Warrant in Rem held on 3/31/2023. AUSA Kane reported due to a typographical error, lender was re-served with verified complaint which extends the claim filing deadline to 4/14/2023. Status Conference set for 4/18/2023 at 9:00 AM in U.S. District Court, 2 Niagara Square, Niagara Courtroom, 8th Floor West, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Appearances. AUSA Mary C. Kane. For defendant: No Appearance. (Court Reporter Ann M. Sawyer.) (CMD) |
| Filing 15 CERTIFICATE OF SERVICE by United States of America (Kane, Mary) |
| Filing 14 SERVICE by Publication filed by United States of America. Last publication date 02/16/2023. (Kane, Mary) |
| Filing 13 CERTIFICATE OF SERVICE by United States of America Certificate of Service for Restraining Order (Kane, Mary) |
| Filing 12 TEXT ORDER. Court directs the U.S. Attorney's Office to serve the Restraining Order upon the individuals as stated on the record on 2/8/2023. Any party served with the Restraining Order will have 14 days to move for relief. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/9/2023. This was mailed to: Y&L Beauty Nail, Inc. and Commercial Lender, LLC.(CMD) |
| Filing 11 RESTRAINING ORDER. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 2/9/2023. (CMD)This was mailed to: Y&L Beauty Nail, Inc. and Commercial Lender, LLC. |
| Filing 10 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re: #5 Motion for Post-Complaint Restraining Order held on 2/8/2023. Court grants motion. AUSA Kane will serve Restraining Order as stated on the record. Any party served with Restraining Order will have 14 days from date of order to move for relief. Appearances. For plaintiff: AUSA Mary Kane. For defendant: No Appearance. (Court Reporter Ann M. Sawyer.) (CMD) |
| Filing 9 PROCESS RECEIPT and RETURN: re Notice of Complaint for Forfeiture Against Real Property. (JLV) |
| Filing 8 TEXT ORDER re #5 MOTION Post-Complaint Restraining Order filed by United States of America. Status Conference set for 2/8/2023 at 2:30 PM in U.S. Courthouse, 2 Niagara Square, Niagara Courtroom, 8th Floor West, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/1/2023. (CMD)This was mailed to: Y&L Beauty Nail, Inc. and Commercial Lender, LLC.. |
| Filing 7 CERTIFICATE OF SERVICE by United States of America (Kane, Mary) |
| Filing 6 MEMORANDUM IN SUPPORT re #5 MOTION Post-Complaint Restraining Order byUnited States of America. (Attachments: #1 Exhibit Civil Forfeiture Complaint)(Kane, Mary) |
| Filing 5 MOTION Post-Complaint Restraining Order by United States of America.(Kane, Mary) |
| Filing 4 CERTIFICATE OF SERVICE by United States of America (Kane, Mary) |
| Filing 3 CERTIFICATE OF SERVICE by United States of America (Kane, Mary) |
| Notice of Complaint for Forfeiture Against Real Property Issued. Forfeiture Hearing set for 3/31/2023 09:00 AM in Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. (JLV) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JLV) |
| 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. (JLV) |
| Remark: Forfeiture in Rem Cover Sheet was not attached. Clerk will not issue warrant. (JLV) |
| Filing 2 NOTICE of Appearance by Mary C. Kane on behalf of United States of America (Kane, Mary) |
| Filing 1 COMPLAINT Civil Forfeiture Complaint against THE PREMISES AND REAL PROPERTY WITH BUILDINGS, APPURTENANCES, AND IMPROVEMENTS AT 4240 WOLF RUN, LEWISTON, NEW YORK, THAT IS, ALL THAT TRACT AND PARCEL OF LAND, SITUATE IN THE TOWN OF LEWISTON, COUNT, filed by United States of America. (Attachments: #1 Exhibit Exhibit A - Wolf Run Drive Deed, #2 Civil Cover Sheet Civil Cover Sheet, #3 Real Property Notice)(Kane, Mary) |
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| Plaintiff: United States of America | |
| Represented By: | Mary C. Kane |
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| Defendant: THE PREMISES AND REAL PROPERTY WITH BUILDINGS, APPURTENANCES, AND IMPROVEMENTS AT 4240 WOLF RUN, LEWISTON, NEW YORK, THAT IS, ALL THAT TRACT AND PARCEL OF LAND, SITUATE IN THE TOWN OF LEWISTON, COUNT | |
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| Claimant: Toorak Capital Partners, LLC | |
| Represented By: | Alan H. Weinreb |
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