In re EXTENDED STAY INC., et al., Debtors.
Bank of America, N.A., Wachovia Bank, N.A., Merrill Lynch Mortgage Lending, Inc., U.S. Bank, National Association, As Trustee for Maiden Lane Commercial Mortgage Backed Securities Trust 2008-1, Debt II Esh, L.P., Debt-U Esh, L.P. And Keybank National Association, Plaintiffs
v.
Lightstone Holdings, LLC and David Lichtenstein, Defendants.
Five Mile Capital II SPE Esh LLC, Plaintiff,
v.
Cerberus Capital Management, L.P., Centerbridge Partners, L.P., The Blackstone Group, Inc., and Gem Capital Management, Inc., Defendants.
Line Trust Corporation Ltd. and Deuce Properties Ltd., Plaintiffs,
v.
David Lichtenstein, Lightstone Holdings LLC, Wells Fargo Bank, N.A., in its capacity as trustee, Wachovia Bank, N.A., Bank of America, N.A., U.S. Bank National Association, Cerberus Capital Management, L.P., Centerbridge Partners, L.P., and John Does 1-20, being persons whose identities are presently unknown to Plaintiffs and who are acting as Supporting Holders of the Term Sheet proposed by Lichtenstein, Defendants.
United States Bankruptcy Court, S.D. New York.https://leagle.com/images/logo.png
October 7, 2009.
October 7, 2009.
Attorney(s) appearing for the Case
Howard B. Comet, Esq., Weil, Gotshal & Manges LLP, New York, NY, for Debtors and Debtors in Possession.
Joseph Orbach, Esq., Hahn & Hessen LLP, New York, NY, for Creditors.
H. Peter Haveles, Jr., Esq., Kaye Scholer LLP, New York, NY. for Bank of America, N.A. and Merrill Lynch Mortgage Lending, Inc.
Rachel M. Wertheimer, Esq., Morrison & Foerster LLP, New York, NY, for Wachovia Bank, N.A.
Howard S. Zelbo, Esq., Cleary, Gottlieb, Steen & Hamilton, New York, NY, for U.S. Bank National Association.
David M. Friedman, Esq., Kasowitz, Benson, Torres & Friedman LLP, New York, NY, for David Lichtenstein & Lightstone Holdings LLC.
Jeffrey T. Golenbock, Esq., Golenbock Eiseman Assor Pell & Peskoe LLP, New York, NY, for Five Mile Capital New York, NY.
Adam C. Harris, Esq., Schulte Roth & Zabel LLP, New York, NY, for Cerberus Capital Management.
Bonnie Steingart, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, for Centerbridge Partners, L.P.
Stephen B. Meister, Esq., Meister Selig & Fein LLP, New York, NY, for Line Trust Corporation Ltd. and Deuce Properties Ltd.
David A. Kochman, Esq., Reed Smith LLP, New York, NY, for Wells Fargo Bank.
United States Bankruptcy Court, S.D. New York.
MEMORANDUM DECISION
JAMES M. PECK, Bankruptcy Judge.
Introduction
The plaintiffs in each of the above-referenced adversary proceedings (hereinafter "Bank of America," "Five Mile Capital," or "Line Trust," as applicable) have filed motions to remand their respective action commenced in the Supreme Court of the State of New York (the "Supreme Court") and subsequently removed to this Court.
Bank of America commenced its action...
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