U.S. BANK NATIONAL ASSOCIATION v. 121 CHAMPION, LLC
| U.S. BANK NATIONAL ASSOCIATION |
| 121 CHAMPION, LLC |
| 2:2023cv01862 |
| October 27, 2023 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER FOR ADMINISTRATIVE CLOSING: IT IS HEREBY ORDERED that the case is administratively CLOSED pending further Order of the Court. Administrative closings comprise a familiar way in which courts remove cases from their active files without final adjudication. Penn West Assocs., Inc. v. Cohen, 371 F.3d 118, 127 (3d Cir. 2004) (citation and internal quotations omitted). Administrative closure is a docket control device used by the Court for statistical purposes, and it does not prejudice the rights of the parties in any manner. Honig v. Comcast of Georgia I, LLC, 537 F. Supp.2d 1277, 1290 n.8 (N.D. Ga. 2008). As such, this Order shall not affect any of the parties' obligations or deadlines related to this case. Finally, as and when appropriate, any party may restore this action to the Court's active calendar upon application or by motion. See In re Arbitration Between Philadelphia Elec. Co. v. Nuclear Elec. Ins., Ltd., 845 F. Supp. 1026, 1028 (S.D.N.Y. 1994) (holding same). Signed by Judge Christy Criswell Wiegand on 12/19/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 23
CASE MANAGEMENT ORDER. Consent Judgment by 1/5/24; Public foreclosure sale by 9/30/24; Private foreclosure sale by 11/30/24. Signed by Judge Christy Criswell Wiegand on 12/18/2023. (bjw)
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| Filing 22 Receiver's Bond BOND in the amount of $10,000 Receipt Number 3513613, posted by Trigild IVL, LLC SureTec Insurance Company as Surety. (Godfrey, Nicholas) |
| Filing 21 Proposed Case Management Order Joint Motion to Enter Case Management Order by U.S. BANK NATIONAL ASSOCIATION. (Attachments: #1 Proposed Order (proposed Case Management Order)) (Godfrey, Nicholas) |
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Filing 20
ORDER. Consistent with the discussion during the telephonic status conference, IT IS HEREBY ORDERED that on or before 12/15/23, the parties shall confer and file a joint motion requesting the entry of a case management order with a proposed order delineating the parties' proposed next steps and reasonable deadlines to complete such next steps. Signed by Judge Christy Criswell Wiegand on 12/12/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 19
ORDER APPOINTING RECEIVER. Signed by Judge Christy Criswell Wiegand on 12/12/2023. (bjw)
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| Filing 18 Minute Entry for Telephonic Status Conference held on 12/12/2023 before Judge Christy Criswell Wiegand. (Court Reporter: None) (bjw) |
| Filing 17 CLERK'S ENTRY OF DEFAULT as to 121 CHAMPION, LLC (sdp) |
| Filing 16 REQUEST by U.S. BANK NATIONAL ASSOCIATION for entry of DEFAULT against 121 CHAMPION, LLC . (Attachments: #1 Affidavit in Support of Request to Enter Default) (Godfrey, Nicholas) |
| Filing 15 NOTICE of Appearance by Robert E. Dauer, Jr on behalf of 121 CHAMPION, LLC. (Dauer, Robert) |
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Filing 14
ORDER re #13 Motion for Status Conference filed by U.S. Bank National Association. IT IS HEREBY ORDERED that the Motion is GRANTED. A status conference is set for 12/12/2023 at 9:30 AM via telephonic conference before Judge Christy Criswell Wiegand. The parties are advised to refer to the dial-in information at ECF No. #6 . On or before 12/11/2023, counsel for Defendant 121 Champion LLC shall file his notice of appearance and shall attend the status conference. Signed by Judge Christy Criswell Wiegand on 12/6/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 13 MOTION for Status Conference by U.S. BANK NATIONAL ASSOCIATION. (Attachments: #1 Proposed Order of Court) (Godfrey, Nicholas) |
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Filing 12
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiff show cause by December 11, 2023 as to why the action should not be dismissed for failure to prosecute, or shall request an entry of default as to Defendant. Signed by Judge Christy Criswell Wiegand on 12/4/2023. (bjw)
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Filing 11
ORDER re #8 Stipulation to Order Appointing Receiver by U.S. Bank National Association. On November 6, 2023, Plaintiff U.S. Bank National Association filed a joint Stipulation to Order Appointing Receiver wherein the parties requested the appointment of a receiver over the property at issue in this action. The parties did not provide any legal or factual basis as to the need for a receiver or why the appointment of a receiver is appropriate under the law. Accordingly, on November 8, 2023, the Court ordered the parties to file a joint submission addressing that issue, which the parties did on November 11, 2023. See ECF Nos. 9, 10. The appointment of a receiver is an "extraordinary" and "drastic" remedy. Midwest Bank v. Goldsmith, 467 F. Supp. 3d 242, 248 (M. D. Pa. 2020). Because a receiver interferes with the borrower's right to control the property, "a district court should appoint a receiver only 'in cases of necessity, and when the plaintiff clearly and satisfactorily shows that an emergency exists and the receiver is needed to protect the property interests of plaintiff.'" Id. Plaintiff's primary argument for the appointment of a receiver is that the property is in default and Defendant contractually agreed to the appointment of a receiver at the time the loan originated. However, the Court's review of the contractual provision in the loan documents shows that Plaintiff is merely entitled to apply for a receiver; Plaintiff is not contractually entitled to the appointment of a receiver. See ECF No. 1-4, 7.1(g) (stating that Lender may "apply for the appointment of a receiver, trustee, liquidator or conservator of the Property, without notice and without regard for the adequacy of the security for the Debt and without regard for the solvency of Borrower, any Guarantor, Indemnifying Person with respect to the Loan or of any Person liable for the payment of the Debt). While Defendant's consent to the appointment of a receiver can weigh heavily in its favor, the ultimate decision of whether to appoint a receiver is left to the discretion of the district court. Midwest Bank, 467 F. Supp. 3d at 251. The parties have not offered any evidence or even argument that an emergency exists. Accordingly, exercising its discretion, the Court finds that the parties have not shown that the appointment of a receiver is necessary at this time. Therefore, IT IS HEREBY ORDERED that #8 Stipulation to Order Appointing Receiver is HEREBY DENIED without prejudice. Signed by Judge Christy Criswell Wiegand on 11/29/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 10 BRIEF in Support of #8 Stipulation (Joint) filed by U.S. BANK NATIONAL ASSOCIATION. (Godfrey, Nicholas) |
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Filing 9
ORDER re #8 Stipulation to Order Appointing Receiver by U.S. Bank National Association. IT IS HEREBY ORDERED that on or before 11/13/2023, the parties shall file a joint submission addressing the need for a receiver and why the appointment of a receiver is appropriate under the law. Signed by Judge Christy Criswell Wiegand on 11/8/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 8 STIPULATION to Order Appointing Receiver by U.S. BANK NATIONAL ASSOCIATION. (Godfrey, Nicholas) |
| Filing 7 SUMMONS/Return of Service Returned Executed by U.S. BANK NATIONAL ASSOCIATION. 121 CHAMPION, LLC served on 10/30/2023, answer due 11/20/2023. (Godfrey, Nicholas) |
| Filing 6 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. (drc) |
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Filing 5
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 10/30/2023. (drc)
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| Filing 4 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 shall make service of the notice on all parties. (drc) |
| Filing 3 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by U.S. BANK NATIONAL ASSOCIATION. (Godfrey, Nicholas) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint,. ERROR: Party did not file disclosure statement identifying CITIZENSHIP pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2))., CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint,. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2))., CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint,. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND identifying CITIZENSHIP pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)).(Disclosure Statement due by 11/6/2023.) (sdp) |
| Filing 2 Summons Issued as to 121 CHAMPION, LLC (sdp) |
| Filing 1 COMPLAINT against 121 CHAMPION, LLC (Filing fee, including Administrative fee, $402, receipt number APAWDC7953561), filed by U.S. BANK NATIONAL ASSOCIATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (sdp) |
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| Plaintiff: U.S. BANK NATIONAL ASSOCIATION | |
| Represented By: | Nicholas J. Godfrey |
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| Defendant: 121 CHAMPION, LLC | |
| Represented By: | Robert E. Dauer, Jr. |
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