Opinion
22 Civ. 5586 (PAE)
09-13-2022
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE BENEFIT OF THE HOLDERS OF CD 2018-CD7, MORTGAGE TRUST COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2018 CD7, acting by and through its special servicer, Rialto Capital Advisors, LLC, as Special Servicer under the Pooling and Servicing Agreement dated as of August 1, 2018 Plaintiff, v. PRINCE 26, LLC et al., Defendants.
NOTICE OF INITIAL PRETRIAL CONFERENCE
PAUL A. ENGELMAYER, DISTRICT JUDGE:
On September 12, 2022, the Court held an initial pretrial conference. Guided by counsels' assessment of the distinct problems presented by this case, the Court orders a four-week period of formal and informal discovery, limited to the two affirmative defenses raised by the answering defendants, which counsel agreed present the only controverted issues in this matter: (1) does plaintiff have standing to bring this action?; and (2) does the special servicer have authority to bring this action? This discovery period ends on October 11, 2022. Following i discovery, if the case has not by then settled, the parties shall submit, by October 25, 2022, a joint letter with proposed next steps in this litigation.
SO ORDERED.