GUMBERG ASSOCIATES - CHAPEL SQUARE et al v. KEYBANK NATIONAL ASSOCIATION et al
| NORTHTOWNE ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, WGW ASSOCIATES, WATERWORKS PHASE II and CANH ASSOCIATES |
| KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES, WELLS FARGO BANK, N.A., DEUTSCHE BANKTRUST COMPANY AMERICAS and GUMBERG B-NOTE HOLDER, LLC |
| 2:2020cv01661 |
| October 30, 2020 |
| US District Court for the Western District of Pennsylvania |
| Joy Flowers Conti |
| Christy Criswell Wiegand |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2021. A more recent docket listing may be available from PACER.
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Filing 106
ORDER FOR REMAND: IT IS HEREBY ORDERED that #52 Motion to Remand to State Court is GRANTED. IT IS FURTHER ORDERED that this case is remanded forthwith to the Court of Common Pleas of Allegheny County, Pennsylvania and the Defendants' Motions to Dismiss, ECF Nos. 63, 71, 92, 94, and 96, are dismissed without prejudice. Signed by Judge Christy Criswell Wiegand on 2/10/2021. (jmm)
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| Filing 105 MEMORANDUM OPINION: Under both a 1447(e) and a fraudulent joinder analysis, the Court finds that remand to the Allegheny County Court of Common Pleas is appropriate in this case. Signed by Judge Christy Criswell Wiegand on 2/10/2021. (jmm) |
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Filing 104
MEMORANDUM OPINION AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Extend Time is GRANTED IN PART. Plaintiffs shall have 14 days after the date of this order to file a Notice of Appeal as to the Court's #48 Findings of Fact and Conclusions of Law denying Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Christy Criswell Wiegand on 2/10/2021. (jmm)
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| Filing 103 BRIEF in Opposition re #96 Motion to Dismiss for Failure to State a Claim, #92 Motion to Dismiss for Failure to State a Claim, #94 Motion to Dismiss for Failure to State a Claim Lenders' Motion to Dismiss filed by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
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Filing 102
ORDER DENYING Plaintiffs' #100 Motion to Stay Briefing on Lenders' Motion to Dismiss. Plaintiffs' Response to the Lenders' #92 , #94 , and #96 Motions to Dismiss shall be due no later than 2/3/2021 in accordance with this Court's Practices and Procedures. Signed by Judge Christy Criswell Wiegand on 1/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 101 RESPONSE to Motion re #100 MOTION to Stay Briefing on Lenders' Motion to Dismiss filed by WELLS FARGO BANK, N.A.. (Butcher, Jayme) |
| Filing 100 MOTION to Stay Briefing on Lenders' Motion to Dismiss by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Attachments: #1 Proposed Order) (Strassburger, David) |
| Filing 99 REPLY BRIEF re #52 Motion to Remand to State Court filed by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
| Filing 98 JOINDER of DEUTSCHE BANKTRUST COMPANY AMERICAS, GUMBERG B-NOTE HOLDER, LLC, WELLS FARGO BANK, N.A. to #61 Brief in Opposition to Motion, #74 Sur-Reply. (Butcher, Jayme) |
| Filing 97 BRIEF in Support re #96 Motion to Dismiss for Failure to State a Claim filed by GUMBERG B-NOTE HOLDER, LLC. (Butcher, Jayme) |
| Filing 96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by GUMBERG B-NOTE HOLDER, LLC. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 95 BRIEF in Support re #94 Motion to Dismiss for Failure to State a Claim filed by DEUTSCHE BANKTRUST COMPANY AMERICAS. (Butcher, Jayme) |
| Filing 94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DEUTSCHE BANKTRUST COMPANY AMERICAS. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 93 BRIEF in Support re #92 Motion to Dismiss for Failure to State a Claim filed by WELLS FARGO BANK, N.A.. (Butcher, Jayme) |
| Filing 92 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WELLS FARGO BANK, N.A.. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
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Filing 91
ORDER directing Defendants Wells Fargo Bank, Deutsche Bank Trust Company Americas, and Gumberg B-Note Holder, LLC to respond to #52 Plaintiffs' Motion to Remand on or before 1/13/2021. Plaintiffs' reply to Defendants' 1/13/2021 responses shall be due on or before 1/20/2021. Signed by Judge Christy Criswell Wiegand on 1/8/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 90 STIPULATION to Defer Stay Briefing by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
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Filing 89
ORDER denying as moot #82 Motion to Extend Time to Respond to Plaintiffs' Amended Complaint by WELLS FARGO BANK, N.A. Signed by Judge Christy Criswell Wiegand on 1/5/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 88
ORDER GRANTING #87 Motion for Extension of Time to Answer Plaintiffs' #51 Amended Complaint. DEUTSCHE BANKTRUST COMPANY AMERICAS' answer due 1/13/2021; GUMBERG B-NOTE HOLDER, LLC's answer due 1/13/2021; WELLS FARGO BANK, N.A.'s answer due 1/13/2021. Signed by Judge Christy Criswell Wiegand on 1/5/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 87 MOTION for Extension of Time to File Answer re #51 Amended Complaint, filed by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, WATERWORKS PHASE II, NORTHTOWNE ASSOCIATES, WGW ASSOCIATES by DEUTSCHE BANKTRUST COMPANY AMERICAS, GUMBERG B-NOTE HOLDER, LLC, WELLS FARGO BANK, N.A.. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 86 Errata re #83 Notice of Appearance of Jayme L. Butcher by DEUTSCHE BANKTRUST COMPANY AMERICAS, GUMBERG B-NOTE HOLDER, LLC, WELLS FARGO BANK, N.A.. Reason for Correction: Additional Represtented Parties. (Butcher, Jayme) |
| Filing 85 NOTICE of Appearance by Brett D. Anders on behalf of DEUTSCHE BANKTRUST COMPANY AMERICAS, GUMBERG B-NOTE HOLDER, LLC, WELLS FARGO BANK, N.A.. (Anders, Brett) |
| Filing 84 NOTICE of Appearance by Llynn K White on behalf of DEUTSCHE BANKTRUST COMPANY AMERICAS, GUMBERG B-NOTE HOLDER, LLC, WELLS FARGO BANK, N.A.. (White, Llynn) |
| Filing 83 NOTICE of Appearance by Jayme L. Butcher on behalf of WELLS FARGO BANK, N.A.. (Butcher, Jayme) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #82 Motion to Extend Time. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (jjg) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #82 Motion to Extend Time. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jjg) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #81 Notice of Appearance. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (jjg) |
| Filing 82 Consent MOTION to Extend Time to Respond to Plaintiffs' Amended Complaint by WELLS FARGO BANK, N.A.. (White, Llynn) |
| Filing 81 NOTICE of Appearance by Llynn K White on behalf of WELLS FARGO BANK, N.A.. (White, Llynn) |
| Filing 80 SUMMONS/Return of Service Returned Executed by WGW ASSOCIATES, CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II. GUMBERG B-NOTE HOLDER, LLC served on 12/15/2020, answer due 1/5/2021. (Strassburger, David) |
| Filing 79 SUMMONS/Return of Service Returned Executed by WGW ASSOCIATES, CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II. DEUTSCHE BANKTRUST COMPANY AMERICAS served on 12/16/2020, answer due 1/6/2021. (Strassburger, David) |
| Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Teleconference held on November 19, 2020 before Judge Christy Criswell Wiegand. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 1/6/2021. Redaction Request due 1/20/2021. Redacted Transcript Deadline set for 2/1/2021. Release of Transcript Restriction set for 3/30/2021. (kme) Modified on 1/7/2021 (jjg). Modified on 2/2/2021 (jjg). |
| Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re PRELIMINARY INJUNCTION held on November 30, 2020 before Judge Christy Criswell Wiegand. Court Reporter Deborah Rowe, Telephone number 412-471-2510. E-mail: drowe.usdistrictcourt@verizon.net. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 1/6/2021. Redaction Request due 1/20/2021. Redacted Transcript Deadline set for 2/1/2021. Release of Transcript Restriction set for 3/30/2021. (dsr) Modified on 1/7/2021 (jjg). Modified on 2/2/2021 (jjg). |
| Filing 76 BRIEF in Support re #75 Motion for Extension of Time to File filed by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
| Filing 75 MOTION for Extension of Time to File Appeal by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Attachments: #1 Proposed Order) (Strassburger, David) |
| Filing 74 Sur-Reply of Defendank Keybank National Association in Response to Plaintiffs' Motion to Remand to State Court re #52 Motion to Remand to State Court, filed by KEYBANK NATIONAL ASSOCIATION. (White, Llynn) |
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Filing 73
ORDER GRANTING #72 Defendant KeyBank National Association's Motion for Leave to File a Surreply. Defendant KeyBank National Association may file a surreply to #52 Plaintiffs' Motion to Remand to State Court on or before 12/28/2020. Such surreply shall not exceed three (3) pages in length. Signed by Judge Christy Criswell Wiegand on 12/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cob)
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| Filing 72 MOTION for Leave to File Sur-Reply in Response to Plaintiffs Motion to Remand to State Court by KEYBANK NATIONAL ASSOCIATION. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 71 JOINDER of MIDLAND LOAN SERVICES to #63 Motion to Dismiss for Failure to State a Claim. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 70 REPLY BRIEF re #52 Motion to Remand to State Court filed by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
| Filing 69 SUMMONS/Return of Service Returned Executed by WGW ASSOCIATES, CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II. WELLS FARGO BANK, N.A. served on 12/16/2020, answer due 1/6/2021. (Strassburger, David) |
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Filing 68
ORDER GRANTING #65 Plaintiffs' Motion for Leave to File Reply Brief in support of their #52 Motion to Remand. Plaintiffs shall file a reply brief, not to exceed five pages, on or before 12/23/2020. Signed by Judge Christy Criswell Wiegand on 12/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 67
ORDER GRANTING #66 Plaintiffs' Unopposed Motion to Defer Briefing on the Motion to Dismiss dated 12/18/2020. The briefing as to Defendant KeyBank National Association's #63 Motion to Dismiss is deferred until the Court rules on Plaintiffs' #52 Motion to Remand. The Court will set new briefing deadlines as to briefing Defendant KeyBank National Association's Motion to Dismiss after it rules on Plaintiffs' Motion to Remand. All deadlines other than those related to briefing Defendant KeyBank National Association's Motion to Dismiss #63 remain in place. Signed by Judge Christy Criswell Wiegand on 12/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 66 MOTION to Defer Briefing on Motion to Dismiss by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Attachments: #1 Proposed Order) (Strassburger, David) Modified on 12/21/2020 (jjg). |
| Filing 65 MOTION for Leave to File Reply Brief by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Attachments: #1 Proposed Order) (Strassburger, David) |
| Filing 64 BRIEF in Support re #63 Motion to Dismiss for Failure to State a Claim filed by KEYBANK NATIONAL ASSOCIATION. (Butcher, Jayme) |
| Filing 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by KEYBANK NATIONAL ASSOCIATION. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 62 JOINDER of MIDLAND LOAN SERVICES to #61 RESPONSE to #52 Motion to Remand to State Court. (Butcher, Jayme) Modified on 12/18/2020 (jjg). |
| Filing 61 RESPONSE to #52 Motion to Remand to State Court filed by KEYBANK NATIONAL ASSOCIATION. (Butcher, Jayme) Modified on 12/18/2020 (jjg). |
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Filing 60
ORDER GRANTING #59 Motion for Extension of Time to File Response as to #52 MOTION to Remand to State Court. Defendants' response is due by 12/17/2020. Signed by Judge Christy Criswell Wiegand on 12/15/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 59 MOTION for Extension of Time to File Response/Reply as to #52 MOTION to Remand to State Court by KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 58 Summons Issued as to DEUTSCHE BANKTRUST COMPANY AMERICAS, GUMBERG B-NOTE HOLDER, LLC, WELLS FARGO BANK, N.A. (Attachments: #1 Summons, #2 Summons) (jjg) |
| Filing 57 PRAECIPE to Issue Summons by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Strassburger, David) |
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Filing 56
ORDER that Defendants shall file a response to #52 Plaintiffs' Motion to Remand to State Court, on or before 12/15/2020. The response is limited to 10 pages in length. Signed by Judge Christy Criswell Wiegand on 12/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 55
ORDER dismissing #26 and #28 Defendants' Motion to Dismiss the Complaint as moot given that Plaintiffs filed #51 Amended Complaint on 12/8/2020. This dismissal is without prejudice as to the Defendants' ability to file a motion to dismiss with respect to the Amended Complaint. Pursuant to Fed. R. Civ. P. 15(a)(3), Defendants shall answer or otherwise respond to the Amended Complaint by 12/22/2020. Signed by Judge Christy Criswell Wiegand on 12/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 54 Proposed Order re #52 Motion to Remand to State Court by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
| Filing 53 BRIEF in Support re #52 Motion to Remand to State Court filed by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
| Filing 52 MOTION to Remand to State Court by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Attachments: #1 Exhibit 1) (Strassburger, David) |
| Filing 51 AMENDED COMPLAINT against KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES, filed by GUMBERG ASSOCIATES - CHAPEL SQUARE, WGW ASSOCIATES, NORTHTOWNE ASSOCIATES, CANH ASSOCIATES, WATERWORKS PHASE II. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Strassburger, David) |
| Filing 50 Exhibit List for the Preliminary Injunction Hearing held before Judge Christy Criswell Wiegand on 11/30/2020. (jmm) |
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Filing 49
ORDER GRANTING #46 Motion for Bradley Gardner to appear Pro Hac Vice on behalf of Keybank National Association. Bradley Gardner is permitted to appear on behalf of Keybank National Association in this proceeding. Signed Judge Christy Criswell Wiegand on 12/1/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 48
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER REGARDING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION: IT IS ORDERED THAT Plaintiff's Motion for Preliminary Injunction is DENIED, as more fully set forth in the attached order. Signed by Judge Christy Criswell Wiegand on 11/30/2020. (jmm)
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| Filing 47 Minute Entry for Preliminary Injunction Hearing held on 11/30/2020 before Judge Christy Criswell Wiegand. (Court Reporter: Deborah Rowe) (jmm) |
| Filing 46 Errata re #42 Motion to Appear Pro Hac Vice by KEYBANK NATIONAL ASSOCIATION. Reason for Correction: signature requirement on motion. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Gardner, Bradley) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #42 Motion to Appear Pro Hac Vice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (jjg) |
| Filing 45 STIPULATION (Joint Proposed) by KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES. (Butcher, Jayme) |
| Filing 44 Proposed Findings of Fact and Conclusions of Law by KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES. (Butcher, Jayme) |
| Filing 43 Proposed Findings of Fact and Conclusions of Law by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
| Filing 42 MOTION for attorney Bradley Gardner to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6114470) by KEYBANK NATIONAL ASSOCIATION. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order) (Gardner, Bradley) ***See corrected document filed at #46 *** Modified on 11/27/2020 (jjg). |
| Filing 41 Witness List by KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES. (Butcher, Jayme) |
| Filing 40 Witness List by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
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Filing 37
PRE-HEARING ORDER The Court will hold a Preliminary Injunction hearing on 11/30/2020 at 9:00 AM by Zoom videoconference before Judge Christy Criswell Wiegand. Lists of witnesses are due by 11/24/2020. Exhibits shall be exchanged by 11/25/2020. An electronic exhibit binder is due by 11/25/2020. Proposed Findings of Fact and Conclusions of Law is due by 11/25/2020. Joint Stipulation is due by 11/25/2020. Signed by Judge Christy Criswell Wiegand on 11/23/2020. (jmm)
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Filing 36
ORDER that parties shall meet and confer regarding the Plaintiffs' Motion for Preliminary Injunction by 11/20/2020. IT IS FURTHER ORDERED that any proposed consent order related to Plaintiffs' Motion for Preliminary Injunction is due by 11/20/2020. IT IS FURTHER ORDERED that if the parties do not submit an appropriate proposed consent order related to the relief requested in Plaintiffs' Motion for Preliminary Injunction, the Court will hold a hearing on Plaintiff's Motion for Preliminary Injunction on 11/30/2020 at 9:00 a.m. via Zoom videoconferencing before Judge Christy Criswell Wiegand as more fully set forth in the attached order. Signed by Judge Christy Criswell Wiegand on 11/19/2020. (jmm)
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| Filing 35 Minute Entry for Telephonic Preliminary Injunction Status Conference held on 11/19/2020 before Judge Christy Criswell Wiegand. (Court Reporter: Karen Earley) (jmm) |
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Filing 34
ORDER GRANTING #20 Motion for Llynn White to Appear Pro Hac Vice and #21 Motion for Brett D. Anders to Appear Pro Hac Vice that were both filed by KeyBank National Association. Llynn White and Brett D. Anders shall be permitted to actively participate in this matter pro hac vice. Signed by Judge Christy Criswell Wiegand on 11/18/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 33 Errata re #20 Motion to Appear Pro Hac Vice by KEYBANK NATIONAL ASSOCIATION. Reason for Correction: signature. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (White, Llynn) |
| Filing 32 Errata re #21 Motion to Appear Pro Hac Vice by KEYBANK NATIONAL ASSOCIATION. Reason for Correction: signature. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Anders, Brett) |
| Filing 31 Errata re #21 Motion to Appear Pro Hac Vice by KEYBANK NATIONAL ASSOCIATION. Reason for Correction: signature. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Anders, Brett) |
| Filing 30 Errata re #20 Motion to Appear Pro Hac Vice by KEYBANK NATIONAL ASSOCIATION. Reason for Correction: signature. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Supplement) (White, Llynn) |
| Filing 29 BRIEF in Support re #28 Motion to Dismiss for Failure to State a Claim filed by KEYBANK NATIONAL ASSOCIATION. (Butcher, Jayme) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by KEYBANK NATIONAL ASSOCIATION. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 27 BRIEF in Support re #26 Motion to Dismiss for Failure to State a Claim filed by MIDLAND LOAN SERVICES. (Butcher, Jayme) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MIDLAND LOAN SERVICES. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 25 Errata re #21 Motion to Appear Pro Hac Vice of B. Anders by KEYBANK NATIONAL ASSOCIATION. Reason for Correction: Signature. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Exhibit) (Butcher, Jayme) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #22 Errata, #21 Motion to Appear Pro Hac Vice, #20 Motion to Appear Pro Hac Vice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (jjg) |
| Filing 24 REPLY BRIEF in Support of Plaintiffs' Motion for Preliminary Injunction filed by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
| Filing 23 AFFIDAVIT in Support of Motion for Preliminary Injunction by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES Affiant: Alfred R. Reitano. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21) (Strassburger, David) |
| Filing 22 Errata re #21 Motion to Appear Pro Hac Vice of Brett D. Anders by KEYBANK NATIONAL ASSOCIATION. Reason for Correction: Attachments not included in original filing. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Exhibit) (Butcher, Jayme) |
| Filing 21 MOTION for attorney Brett D. Anders to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6083410) by KEYBANK NATIONAL ASSOCIATION. (Butcher, Jayme) |
| Filing 20 MOTION for attorney Llynn K. White to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6082797) by KEYBANK NATIONAL ASSOCIATION. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Exhibit A) (Butcher, Jayme) |
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Filing 19
ORDER that that Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction is denied in part. IT IS FURTHER ORDERED that Plaintiffs' #16 Motion to File a Reply Brief is GRANTED. Plaintiffs shall file the Reply Brief by 11/16/2020. IT IS FURTHER ORDERED that a Telephonic Status Conference is set for 11/19/2020 at 10:00 a.m. before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 11/12/2020. (jmm)
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| Filing 18 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. Signed by Judge Christy Criswell Wiegand on 11/12/2020. (jmm) |
| Filing 17 MOTION for Joinder as to #15 Response in Opposition, by MIDLAND LOAN SERVICES. (Attachments: #1 Proposed Order) (Butcher, Jayme) |
| Filing 16 MOTION for Leave to File Reply Brief and Affidavit by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Attachments: #1 Proposed Order) (Strassburger, David) |
| Filing 15 RESPONSE IN OPPOSITION TO PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by KEYBANK NATIONAL ASSOCIATION. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3) (Butcher, Jayme) |
| Filing 14 Disclosure Statement identifying PNC Financial Services Group, Inc. as corporate parent or other affiliate, by MIDLAND LOAN SERVICES. (Butcher, Jayme) |
| Filing 13 Disclosure Statement identifying KeyCorp as corporate parent or other affiliate, by KEYBANK NATIONAL ASSOCIATION. (Butcher, Jayme) |
| Filing 12 NOTICE of Appearance by Jayme L. Butcher on behalf of KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES. (Butcher, Jayme) |
| Filing 11 NOTICE of Appearance by Richard M. Weibley on behalf of KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES. (Weibley, Richard) |
| Filing 10 SUMMONS/Return of Service Returned Executed by GUMBERG ASSOCIATES - CHAPEL SQUARE, WGW ASSOCIATES, NORTHTOWNE ASSOCIATES, CANH ASSOCIATES, WATERWORKS PHASE II. KEYBANK NATIONAL ASSOCIATION served on 10/28/2020, answer due 11/18/2020; MIDLAND LOAN SERVICES served on 10/27/2020, answer due 11/17/2020. (jjg) |
| Filing 9 ***REMOVED FROM PUBLIC VIEW - SEE DOCUMENT #10 *** AFFIDAVIT of Service for Complaint served on Keystone National Association on 10/23/2020, filed by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) Modified on 11/5/2020 (jjg). |
|
Filing 8
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss. Signed by Judge Christy Criswell Wiegand on 11/4/2020. (jmm)
|
| Filing 7 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jmm) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Affidavit of Service. ERROR: Wrong event selected. CORRECTION: Re-docketed as SUMMONS/Return of Service Returned Executed. This message is for informational purposes only. (jjg) |
| Filing 6 NOTICE of Appearance by Christopher J. Azzara on behalf of CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Azzara, Christopher) |
| Filing 5 NOTICE of Appearance by David A. Strassburger on behalf of NORTHTOWNE ASSOCIATES. (Strassburger, David) |
| Filing 4 NOTICE of Appearance by Gretchen E. Moore on behalf of NORTHTOWNE ASSOCIATES. (Moore, Gretchen) |
| Filing 3 NOTICE of Appearance by Gretchen E. Moore on behalf of CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, WATERWORKS PHASE II, WGW ASSOCIATES. (Moore, Gretchen) |
| Filing 2 NOTICE of Appearance by David A. Strassburger on behalf of CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, WATERWORKS PHASE II, WGW ASSOCIATES. (Strassburger, David) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement as required pursuant to L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 11/10/2020. (ept) |
| Judge Christy Criswell Wiegand added. Judge Joy Flowers Conti no longer assigned to case. (mao) |
| Filing 39 MOTION for Preliminary Injunction by CANH ASSOCIATES, GUMBERG ASSOCIATES - CHAPEL SQUARE, NORTHTOWNE ASSOCIATES, WATERWORKS PHASE II, WGW ASSOCIATES. (Attachments: #1 Proposed Order) (jmm) |
| Filing 38 COMPLAINT against KEYBANK NATIONAL ASSOCIATION, MIDLAND LOAN SERVICES, filed by GUMBERG ASSOCIATES - CHAPEL SQUARE, WGW ASSOCIATES, NORTHTOWNE ASSOCIATES, CANH ASSOCIATES, WATERWORKS PHASE II. (Attachments: #1 Loan Agreement) (jmm) |
| Filing 1 NOTICE OF REMOVAL from Allegheny County, case number G.D.-20-011077. Copies attached: Complaint (Filing fee, including Administrative fee, $400, receipt number APAWDC-6045438), filed by KEYBANK NATIONAL ASSOCIATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (jjg) |
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