Wilmington Trust, National Association, as Trustee for the benefit of the registered holders of Corevest American Finance v. Hirschhorn Estates LLC et al
| WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF COREVEST AMERICAN FINANCE 2020-1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES and Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates, |
| HIRSCHHORN ESTATES LLC, MEYER HIRSCHHORN, JOHN DOE NO. I THROUGH JOHN DOE NO. XXX, Hirschhorn Estates LLC, and City of Rochester |
| 6:2023cv06662 |
| November 21, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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| Document Text |
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Filing 20
ORDER APPOINTING RECEIVER. ORDER granting #6 Motion to Appoint Receiver, Trigild IVL appointed as receiver. Signed by Hon. Elizabeth A. Wolford on 1/4/2024. (TF)
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| Filing 19 TEXT ORDER. On or before February 2, 2024, Plaintiff's counsel shall file a status report that sets forth the status of this litigation with respect to the City of Rochester, including the status of its stipulation extending the City of Rochester's time to answer (Dkt. 15), or any other relevant matters. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/04/2024. (MGB) |
| Filing 18 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Amy Hatch, Esq. on behalf of plaintiff; representative from Citus Holdings via audio only; no appearance on behalf of defendants. Motion Hearing held on 1/4/2024 re #6 MOTION to Appoint Receiver filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates. Motion to Appoint Receiver granted as discussed on the record; request to waive bond granted. Court request status report within 30 days; separate text order to be entered regarding same. Counsel to provide proposed Order for Court's review. (Court Reporter Karen Clark.) (DPS) |
| Filing 17 TEXT ORDER granting #16 Motion for Pro Hac Vice by Amy E. Hatch. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/21/2023. (MGB)Clerk to Follow up |
| Filing 16 MOTION to appear pro hac vice by Petition of Amy E. Hatch, Esq. ( Filing fee $ 200 receipt number ANYWDC-5060783.) by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates,. (Attachments: #1 Admission by Petition of Amy E. Hatch, Esq., #2 Sponsoring Affidavit of Bradley R. Gardner, Esq., #3 Attorney's Oath by Amy E. Hatch, #4 Civility Oath by Amy E. Hatch, #5 Combined Database and Electronic Filing Registration Form)(Gardner, Bradley) |
| Filing 15 STIPULATION of Extension to Answer by City of Rochester. (Furlano, Michael) |
| Filing 14 TEXT ORDER granting #12 Motion to Expedite Hearing on Motion to Appoint Receiver (Dkt. 6). On December 4, 2023, the Court entered a Text Order denying Plaintiff's prior motion to expedite (Dkt. 9) on grounds that it was premature because service had not yet been effected on Defendants. In its renewed motion, Plaintiff now states that it served Defendants Hirschhorn Estates LLC and the City of Rochester on November 29, 2023, but Defendant Meyer Hirschhorn cannot be located for personal service and does not personally have a legal interest in the property that is the subject of the receiver motion. While the City of Rochester has filed a notice of appearance (Dkt. 7), Plaintiff has not indicated whether it is aware of the identity of counsel for Defendant Hirschhorn Estates LLC (despite the Court's direction to do so in its prior Text Order). In any event, without expressing an opinion on whether Defendant Meyer Hirschhorn is a necessary party for resolution of the motion to appoint a receiver, the Court will order expedited briefing and a hearing now that Plaintiff has confirmed that Defendant Hirschhorn Estates LLC has been served with process. Any responses to the Motion to Appoint a Receiver are due on or before December 20, 2023. Replies are due on or before December 27, 2023. A hearing on the motion to appoint receiver is scheduled for Thursday, January 4, 2024, at 11:00 AM, at the United States Courthouse, 100 State Street, Rochester, NY, before the Hon. Elizabeth A. Wolford. On or before December 7, 2023, Plaintiff is required to serve Defendant Hirschhorn Estates LLC with a copy of this Text Order by federal express and regular mail, at Defendant Hirschhorn Estates LLC's last known address, and Plaintiff must also serve Defendant Meyer Hirschhorn with a copy of this Text Order by electronic mail at the email address referenced in the motion to expedite as well as regular mail at his last known address. Proof of service as required herein must be filed on or before December 8, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/06/2023. (MGB) |
| Filing 13 CERTIFICATE OF SERVICE by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates, re Set Hearings,,,,,,,,, Terminate Motions,,,,,,,, (Gardner, Bradley) |
| Filing 12 MOTION to Expedite Hearing on Motion to Appoint Receiver #6 by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates,. (Attachments: #1 Declaration of B. Gardner in Support of Motion, #2 Exhibit A - 12/05/23 E-mail, #3 Text of Proposed Order, #4 Certificate of Service)(Gardner, Bradley) |
| Filing 11 SUMMONS Returned Executed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates,. Hirschhorn Estates LLC, served on 11/29/2023, answer due 12/20/2023. (Gardner, Bradley) |
| Filing 10 TEXT ORDER denying without prejudice #9 Motion to Expedite Hearing on Motion to Appoint Receiver (Dkt. 6). Plaintiff's application for an expedited hearing indicates that "Service of Process is currently in progress for named defendants Hirschhorn Estates LLC, Meyer Hirschhorn and the City of Rochester." (Dkt. 9-1). Because service has not yet been effected on defendants, Plaintiff's request for expedited relief is premature. Plaintiff shall advise the Court once service is complete and if it is aware of counsel who will be appearing for defendants Hirschhorn Estates LLC and Meyer Hirschhorn, and the Court will entertain a renewed application for expedited relief at that time. In any renewed application, Plaintiff should specify the timing that it is requesting with respect to any briefing schedule and expedited hearing. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/04/2023. (MGB) |
| Filing 9 MOTION to Expedite Hearing on Motion to Appoint Receiver #6 by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates,. (Attachments: #1 Declaration Bradley R. Gardner, #2 Text of Proposed Order, #3 Certificate of Service)(Gardner, Bradley) |
| E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required re #8 AFFIDAVIT of Service for Summons, Complaint with exhibits, Civil Cover Sheet, Rule 7.1 Disclosure, Notice of Pendency served on City of Rochester. (TF) |
| Filing 8 AFFIDAVIT of Service for Summons, Complaint with exhibits, Civil Cover Sheet, Rule 7.1 Disclosure, Notice of Pendency served on City of Rochester on November 29, 2023, filed by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates,. (Gardner, Bradley) |
| Filing 7 NOTICE of Appearance by Michael A. Furlano on behalf of City of Rochester (Furlano, Michael) |
| Filing 6 MOTION to Appoint Receiver by Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates,. (Attachments: #1 Memorandum in Support, #2 Affidavit of Russ Tuman, #3 Exhibit 1 to R. Tuman Affi.- Summons and Complaint, #4 Declaration of Bradley R. Gardner, Esq., #5 Text of Proposed Order Exhibit A to B. Gardner Decl. - Proposed Order, #6 Certificate of Service)(Gardner, Bradley) |
| Filing 5 Summons Issued as to City of Rochester, Hirschhorn Estates LLC, Meyer Hirschhorn. (TMK) |
| 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. (TMK) |
| Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK) |
| Filing 4 NOTICE of Lis Pendens by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF COREVEST AMERICAN FINANCE 2020-1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES (Gardner, Bradley) |
| Filing 3 Corporate Disclosure Statement by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF COREVEST AMERICAN FINANCE 2020-1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES. (Gardner, Bradley) |
| Filing 2 Original Summons Filed. (Attachments: #1 Summons_Meyer Hirschhorn, #2 Summons_City of Rochester, #3 Summons_John Doe_103 Marion, #4 Summons_John Doe_117 W Filbert, #5 Summons_John Doe_136 Campbell, #6 Summons_John Doe_236 Saratoga, #7 Summons_John Doe_258 Avis, #8 Summons_John Doe_294 Lexington, #9 Summons_John Doe_301 Selye, #10 Summons_John Doe_31 Alice, #11 Summons_John Doe_36 Sterling, #12 Summons_John Doe_404 Emerson, #13 Summons_John Doe_74 Starling, #14 Summons_John Doe_76 Oriole, #15 Summons_John Doe_8 Immel, #16 Summons_John Doe_8 Velox, #17 Summons_John Doe_87 Dix, #18 Summons_John Doe_968 Ridgeway, #19 Summons_John Doe_14 Durgin)(Gardner, Bradley) |
| Filing 1 COMPLAINT against All Defendants $ 402 receipt number ANYWDC-5035601, filed by WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF COREVEST AMERICAN FINANCE 2020-1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES. (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Note, #3 Exhibit C - Pledgor_Sponsor_Guaranty, #4 Exhibit D - Mortgage, #5 Exhibit E - Assignment Corevest Purchaser, #6 Exhibit F - Assignment CAF, #7 Exhibit G - Assignment CAF-Corevest Purchaser, #8 Exhibit H - Assignment Corevest Purchaser, #9 Exhibit I - Assignment Corevest Depositor, #10 Exhibit J - Forebearance Agreement, #11 Exhibit K - City of Rochester_Petition, #12 Exhibit L - 111323 Notice, #13 Civil Cover Sheet)(Gardner, Bradley) |
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| Plaintiff: WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF COREVEST AMERICAN FINANCE 2020-1 TRUST MORTGAGE PASS-THROUGH CERTIFICATES | |
| Represented By: | Bradley R. Gardner |
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| Plaintiff: Wilmington Trust, National Association, as Trustee for the Benefit of the Registered Holders of Corevest American Finance 2020-1 Trust Mortgage Pass-Through Certificates, | |
| Represented By: | Amy Hatch |
| Represented By: | Bradley R. Gardner |
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| Defendant: HIRSCHHORN ESTATES LLC | |
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| Defendant: MEYER HIRSCHHORN | |
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| Defendant: JOHN DOE NO. I THROUGH JOHN DOE NO. XXX | |
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| Defendant: Hirschhorn Estates LLC, | |
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| Defendant: City of Rochester | |
| Represented By: | Michael A. Furlano |
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