Wells Fargo Bank N.A v. DDR MDT MV Anaheim Hills LP et al

Filing 41

ORDER RESETTING CMC TO 2/21/13. Case Management Statement due by 2/14/2013. Further Case Management Conference set for 2/21/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/8/12. (bpf, COURT STAFF) (Filed on 11/8/2012)

1
2
3

JEFFER, MANGELS, BUTLER & MITCHELL LLP
ROBERT B. KAPLAN, P.C. (Bar No. 76950)
Two Embarcadero Center, Fifth Floor
San Francisco, California 94111-3813
Telephone:
[phone]
Facsimile:
[phone]

4
5
6
7
8
9
10
11

Attorneys for Plaintiffs WELLS FARGO BANK, N.A., as Trustee for
(i) the Registered Holders of GE Commercial Mortgage Corporation
Commercial Mortgage Pass-Through Certificates, Series 2005-C4; (ii)
the Registered Holders of GMAC Commercial Mortgage Securities,
Inc., Mortgage Pass-Through Certificates, Series 2006-C1; and (iii) the
Holders of COMM 2005-FL11 Commercial Mortgage Pass-Through
Certificates, acting by and through CWCapital Asset Management,
LLC, its Special Servicer
COOPER WHITE & COOPER LLP
STEPHEN KAUS (Bar No. 57454)
201 California Street, 17th Floor
San Francisco, California 94101
Telephone:
[phone]
Facsimile:
[phone]

12
13
14
15
16
17
18

Attorneys for Defendants DDR MDT MV Anaheim Hills LP, DDR
MDT MV Antioch LP, DDR MDT MV Chandler LLC, DDR MDT
MV Chino LP, DDR MDT MV Clovis LP, DDR MDT MV Deer
Valley LLC, DDR MDT MV Folsom LP, DDR MDT MV Foothill
Ranch LP, DDR MDT MV Garden Grove LP, DDR MDT MV Ingram
LP, DDR MDT MV Lompoc LP, DDR MDT MV Madera LP, DDR
MDT MV North Fullerton I LP, DDR MDT MV Palmdale LP, DDR
MDT MV Redding LP, DDR MDT MV Reno LLC, DDR MDT MV
Santa Maria LP, DDR MDT MV Santa Rosa LP, DDR MDT MV
Silver Creek LLC, DDR MDT MV Slatten Ranch LP, DDR MDT MV
Sonora LP, DDR MDT MV Superstition Springs LLC, DDR MDT
MV Tucson LLC, DDR MDT MV Tulare LP, DDR MDT MV West
Las Vegas LLC, and DDR MDT MV Burbank, LP

19
20

UNITED STATES DISTRICT COURT

21

NORTHERN DISTRICT OF CALIFORNIA

22
23

WELLS FARGO BANK, N.A., as Trustee, etc.,

24
25
26

Plaintiffs,
v.
DDR MDT MV ANAHEIM HILLS LP, etc., et
al.,

27

CASE NO.

CV 10-3493 EMC

JOINT CASE MANAGEMENT
STATEMENT ; ORDER RESETTING CMC
TO 2/21/13 at 10:30 am
Date:
November 14, 2012
Time:
10:30 a.m.
Place:
Courtroom of the Hon. Magistrate
Judge Edward M. Chen – 17th Fl.

Defendants.
28
PRINTED ON

29

RECYCLED PAPER

SF 1403781v2

-1JOINT CASE MANAGEMENT STATEMENT

1

Plaintiffs Wells Fargo Bank, N.A., as Trustee for (i) the Registered Holders of GE

2

Commercial Mortgage Corporation Commercial Mortgage Pass-Through Certificates, Series 2005-

3

C4; (ii) the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-

4

Through Certificates, Series 2006-C1; and (iii) the Holders of COMM 2005-FL11 Commercial

5

Mortgage Pass-Through Certificates, acting by and through CWCapital Asset Management, LLC,

6

its Special Servicer (in that capacity, collectively, the "Noteholders" or the "Plaintiffs"), through

7

their attorneys of record Robert B. Kaplan of Jeffer Mangels Butler & Mitchell LLP and Defendants

8

DDR MDT MV Anaheim Hills LP, DDR MDT MV Antioch LP, DDR MDT MV Chandler LLC,

9

DDR MDT MV Chino LP, DDR MDT MV Clovis LP, DDR MDT MV Deer Valley LLC, DDR

10

MDT MV Folsom LP, DDR MDT MV Foothill Ranch LP, DDR MDT MV Garden Grove LP,

11

DDR MDT MV Ingram LP, DDR MDT MV Lompoc LP, DDR MDT MV Madera LP, DDR MDT

12

MV North Fullerton I LP, DDR MDT MV Palmdale LP, DDR MDT MV Redding LP, DDR MDT

13

MV Reno LLC, DDR MDT MV Santa Maria LP, DDR MDT MV Santa Rosa LP, DDR MDT MV

14

Silver Creek LLC, DDR MDT MV Slatten Ranch LP, DDR MDT MV Sonora LP, DDR MDT MV

15

Superstition Springs LLC, DDR MDT MV Tucson LLC, DDR MDT MV Tulare LP, DDR MDT

16

MV West Las Vegas LLC, each, a Delaware limited partnership or a Delaware limited liability

17

company, as indicated, and DDR MDT MV Burbank LP, a Delaware limited partnership,

18

(collectively, the "Defendants" or "Borrowers" and individually, a "Defendant" or "Borrower"),

19

through their attorneys of record Stephen Kaus, Esq. and Cooper White & Cooper, LLP hereby

20

submit this Joint Case Management Statement pursuant to United States District Court for the

21

Northern District of California Local Rule 16-9.

22

I.

23

JURISDICTION AND SERVICE:
A.

Basis of the Court's Subject Matter Jurisdiction: This Court has jurisdiction in

24

this action predicated on 28 U.S.C. § 1332(a) in that the amount of controversy exceeds the sum or

25

value of $75,000, inclusive of interest and costs, and is between citizens of different states.

26
27
28

B.

Whether Any Issues Exist Regarding Personal Jurisdiction or Venue: None

known at this time.
C.

Whether Any Parties Remain to Be Served: None at this time.

PRINTED ON

29

RECYCLED PAPER

SF 1403781v2

-2JOINT CASE MANAGEMENT STATEMENT

1

II.

2

DESCRIPTION OF THE CASE:
A.

3

A Brief Description of the Action.
Plaintiffs filed their Complaint for Specific Performance and Appointment of

4

Receiver ("Complaint") on August 9, 2010 seeking to appoint a receiver over the Subject Properties

5

(as that term is defined in the Complaint). Subsequently, on August 11, 2010, a Stipulation for Ex

6

Parte Appointment of Receiver was filed in the above-entitled action, pursuant to which Plaintiffs

7

and Defendants agreed that a receiver would be appointed over the Subject Properties. Thereafter,

8

on August 24, 2010, an Order Appointing Receiver Ex Parte and Preliminary Injunction in Aid of

9

Receiver was filed in the above-entitled action pursuant to which William J. Hoffman was

10

appointed as receiver ("Receiver"), along with the Oath of Receiver. Subsequently, on August 26,

11

2010, a bond of Receiver was filed in the above-entitled Action in the amount of $300,000.

12

B.

13

The Principal Factual Issues that the Parties Dispute:
There are no disputed factual issues. On November 2, 2010, a Stipulation for

14

Immediate Entry of Judgment executed by Plaintiffs and Defendants was filed in the above-entitled

15

Action pursuant to which a Judgment Pursuant to Stipulation was entered by the Court on that date,

16

adjudicating the right of Plaintiffs to have a receiver appointed over the Subject Properties.

17

III.

18

LEGAL ISSUES:
There are no disputed legal issues, as a Judgment Pursuant to Stipulation has already

19

been entered in the above-entitled Action.

20

IV.

21

MOTIONS (PRIOR, CURRENT, ANTICIPATED):
Subsequent to the entry of the Judgment Pursuant to Stipulation, a Stipulation for

22

Order Approving of Receiver's Entry into Commission and Listing Agreements for the Sale of

23

Property was filed on February 8, 2011 and an Order approving thereof was filed on February 15,

24

2011 and on March 7, 2011, a Second Stipulation for Order Approving Receiver's Entry into

25

Commission and Listing Agreements for the Sale of Property was filed in the above-entitled Action,

26

and on March 9, 2011, an Order approving thereof was filed in the above-entitled Action

27

(collectively, the "Listing Agreement Stipulations"). Pursuant to the Listing Agreement

28

Stipulations, the Receiver began marketing the Subject Properties and was actively negotiating with

29

-3-

PRINTED ON
RECYCLED PAPER

SF 1403781v2

JOINT CASE MANAGEMENT STATEMENT

1

a number of potential purchasers for the Subject Properties. Unfortunately, however, the Receiver

2

was unable to close a sale on any of the Subject Properties.

3

Plaintiffs have completed the non-judicial foreclosure sale of all the Subject

4

Properties. Currently, Plaintiffs are in the process of preparing a motion to discharge the Receiver

5

and approve the Receiver’s final accounting (the “Discharge Motion”). Based on the foregoing,

6

Plaintiffs and Defendants believe that a continuance of the Case Management Conference for at

7

least 90 days is appropriate to allow the Discharge Motion to be heard and decided.

8

V.

AMENDMENT OF PLEADINGS:

9
10

None are contemplated.
VI.

EVIDENCE PRESERVATION:

11
12

Not applicable.
VII.

DISCLOSURES:

13
14

Not applicable.
VIII. DISCOVERY:

15
16

Not applicable.
IX.

CLASS ACTIONS:

17
18

Not applicable.
X.

RELATED CASES:

19
20

None.
XI.

RELIEF:

21

The relief sought by Plaintiffs have already been granted in the Judgment Pursuant to

22

Stipulation previously entered in the above-entitled Action.

23

XII.

SETTLEMENT AND ADR:

24
25

Not applicable.
XIII. CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES:

26

Plaintiffs and Defendants consented to proceed before a magistrate judge for all

27

purposes.

28

///

PRINTED ON

29

RECYCLED PAPER

SF 1403781v2

-4JOINT CASE MANAGEMENT STATEMENT

1

XIV. OTHER REFERENCES:

2
3

None known at this time.
XV.

4
5

Not applicable.
XVI. EXPEDITED SCHEDULE:

6
7

Not applicable.
XVII. SCHEDULING:

8
9

Not applicable.
XVIII. TRIAL:

10
11

NARROWING OF ISSUES:

Not applicable.
XIX. DISCLOSURE OF NON-PARTY INTERESTED ENTITIES OR PERSONS:

12

Plaintiffs filed their Certification of Interested Entities or Persons on August 13,

13

2010 in the above-entitled Action. Defendants filed their Certification of Interested Entities or

14

Persons on August 13, 2010 in the above-entitled Action.

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///

PRINTED ON

29

RECYCLED PAPER

SF 1403781v2

-5JOINT CASE MANAGEMENT STATEMENT

1

XX.

OTHER MATTERS AS MAY FACILITATE THE JUST, SPEEDY, AND
INEXPENSIVE DISPOSITION OF THIS MATTER:

2
Not applicable.
3
4
DATED: November 5, 2012
5
6

By: /s/ Robert B. Kaplan
ROBERT B. KAPLAN

7
8

Attorneys for Plaintiffs WELLS FARGO BANK, N.A., as Trustee
for (i) the Registered Holders of GE Commercial Mortgage
Corporation Commercial Mortgage Pass-Through Certificates,
Series 2005-C4; (ii) the Registered Holders of GMAC Commercial
Mortgage Securities, Inc., Mortgage Pass-Through Certificates,
Series 2006-C1; and (iii) the Holders of COMM 2005-FL11
Commercial Mortgage Pass-Through Certificates, acting by and
through CWCapital Asset Management, LLC, its Special Servicer

9
10
11
12
13

JEFFER MANGELS BUTLER & MITCHELL LLP
ROBERT B. KAPLAN, P.C.
MARIANNE M. DICKSON

DATED: November 5, 2012

14

COOPER WHITE & COOPER
By: /s/ Stephen Kaus
STEPHEN KAUS

15

Attorneys for Defendants DDR MDT MV Anaheim Hills LP, DDR
MDT MV Antioch LP, DDR MDT MV Chandler LLC, DDR MDT
MV Chino LP, DDR MDT MV Clovis LP, DDR MDT MV Deer
Valley LLC, DDR MDT MV Folsom LP, DDR MDT MV Foothill
Ranch LP, DDR MDT MV Garden Grove LP, DDR MDT MV
Ingram LP, DDR MDT MV Lompoc LP, DDR MDT MV Madera
LP, DDR MDT MV North Fullerton I LP, DDR MDT MV
Palmdale LP, DDR MDT MV Redding LP, DDR MDT MV Reno
LLC, DDR MDT MV Santa Maria LP, DDR MDT MV Santa Rosa
LP, DDR MDT MV Silver Creek LLC, DDR MDT MV Slatten
Ranch LP, DDR MDT MV Sonora LP, DDR MDT MV
Superstition Springs LLC, DDR MDT MV Tucson LLC, DDR
MDT MV Tulare LP, DDR MDT MV West Las Vegas LLC, and
DDR MDT MV Burbank, LP

16
17
18
19
20
21
22
23
24

PRINTED ON

29

RECYCLED PAPER

Edward M. Chen
United States District Judge

SF 1403781v2

ERED
O ORD D
IT IS S
DIFIE - 6 AS MO

R NIA

28

RT
U
O

27

S DISTRICT
TE
C
______________________
TA

S

26

IT IS SO ORDERED that the Further CMC is reset from 11/14/12 to 2/21/13 at 10:30 a.m. An
updated joint CMC Statement shall be filed by 2/14/13.

UNIT
ED

25

JOINT CASE MANAGEMENT STATEMENT

NO

en

d M. Ch