Bankwell Bank v. Klein et al
| Bankwell Bank |
| Juda Klein, Mendel Klein and Simon Tyrnauer |
| Williamsburg Boutique LLC |
| 3:2023cv01425 |
| October 30, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Omar A Williams |
| Negotiable Instrument |
| 28 U.S.C. § 1452 Removal of Claim in Civil Action Related to BK. Case |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 REPLY to Response to #18 MOTION to Remand to State Court and Sanctions in further support of Motion for Remand and Sanctions filed by Bankwell Bank. (Williams, Tracy) |
| Filing 27 NOTICE of Appearance by Alison P. Baker on behalf of Bankwell Bank (Baker, Alison) |
| Filing 26 NOTICE of Appearance by James B Glucksman on behalf of Williamsburg Boutique LLC as co-counsel (Glucksman, James) |
| Filing 25 CERTIFICATE OF GOOD STANDING re #22 MOTION for Attorney(s) James B. Glucksman to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7581447) by Williamsburg Boutique LLC. (Glucksman, James) |
Filing 24
ORDER granting #22 MOTION for Attorney James B. Glucksman to be Admitted Pro Hac Vice. Certificate of Good Standing due by 2/17/2024. Signed by Clerk on 12/19/2023. (Peterson, M)
|
| Filing 23 Memorandum in Opposition re #18 MOTION to Remand to State Court and Sanctions filed by Williamsburg Boutique LLC. (Pastore, Joseph) |
| Filing 22 MOTION for Attorney(s) James B. Glucksman to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7581447) by Williamsburg Boutique LLC. (Attachments: #1 Text of Proposed Order)(Pastore, Joseph) |
| Filing 21 Consent MOTION to Stay or Extension of 26(f) Conference and Report by Bankwell Bank.Responses due by 1/3/2024 (Williams, Tracy) |
| Filing 20 RESPONSE re #15 MOTION for Reconsideration re 12 Order,,,,,,,,,,,,,,, Motion for Reconsideration of Order to Transfer, #14 MOTION to Stay re 12 Order,,,,,,,,,,,,,,, Motion for Stay of Transfer Order filed by Williamsburg Boutique LLC. (Pastore, Joseph) |
| Filing 19 Disclosure Statement Rule 7.1 Corporate Disclosure Statement by Bankwell Bank identifying Corporate Parent Bankwell Financial Group, Inc. for Bankwell Bank. (Williams, Tracy) |
| Filing 18 MOTION to Remand to State Court and Sanctions by Bankwell Bank.Responses due by 12/13/2023 (Attachments: #1 Memorandum in Support of Motion for Remand and Sanctions, #2 Exhibit A- State Court Order Denying Motion to Implead, #3 Exhibit B - Bankruptcy Order Denying Stay Motion, #4 Exhibit C - Guaranty)(Williams, Tracy) |
|
Filing 17
ORDER granting #16 Motion for Extension of Time. Williamsburg Boutique LLC shall file a response to Bankwell Bank's Motion for Stay of Transfer Order on or before December 7, 2023. Signed by Judge Omar A. Williams on 11/21/2023.(Kim, Hyo June)
|
| Reset Deadline as to #14 MOTION to Stay re 12 Order: Motion for Stay of Transfer Order -- Responses due by 12/7/2023. (Velez, Frances) |
| Filing 16 MOTION for Extension of Time to File Response/Reply Consented to Motion for Extension of Time as to #14 MOTION to Stay re 12 Order,,,,,,,,,,,,,,, Motion for Stay of Transfer Order until December 7, 2023 by Williamsburg Boutique LLC. (Pastore, Joseph) |
| Filing 15 MOTION for Reconsideration re 12 Order,,,,,,,,,,,,,,, Motion for Reconsideration of Order to Transfer by Bankwell Bank. (Attachments: #1 Memorandum in Support of Motion for Reconsideration of Order to Transfer, #2 Exhibit A - Bankruptcy Order Denying Stay Motion, #3 Exhibit B - State Court Order Denying Motion to Implead, #4 Exhibit C - Guaranty)(Williams, Tracy) |
| Filing 14 MOTION to Stay re 12 Order,,,,,,,,,,,,,,, Motion for Stay of Transfer Order by Bankwell Bank.Responses due by 11/27/2023 (Attachments: #1 Memorandum in Support of Motion for Stay of Transfer Order, #2 Exhibit A - Bankruptcy Order Denying Stay Motion, #3 Exhibit B - State Court Order Denying Motion to Implead)(Williams, Tracy) |
| Filing 13 NOTICE by Bankwell Bank Notice of Intent to Move for Stay of Transfer of Venue and for Reconsideration and Remand (Attachments: #1 Exhibit A - October 30, 2023 Order Issued by Bankruptcy Court, #2 Exhibit B - October 30, 2023 Order from State Court)(Williams, Tracy) |
|
Filing 12
ORDER. Williamsburg Boutique LLC ("Williamsburg") filed #1 Notice of Removal, seeking to remove a civil action which commenced in the Superior Court of Connecticut. In the notice, Williamsburg represents that it, and not named Defendants Juda Klein, Mendel Klein, or Simon Tyrnauer, is the true debtor and the real party of interest. Therefore, it claims, it has standing to remove this case. Williamsburg further references a separate proceeding, currently before the Bankruptcy Court of the Southern District of New York, see Williamsburg Boutique LLC, No. 7:23bk22587 (Bankr. S.D.N.Y.) (SHL), where it filed a voluntary petition for bankruptcy. While the notice of removal was filed with this court, it is clear that what Williamsburg ultimately seeks is the referral of this case to the Bankruptcy Court of the Southern District of New York. See Notice of Removal 4 n.1, ECF No. #1 . Pursuant to 28 U.S.C. 1452(a), and subject to certain restrictions, a party may remove any claim or cause of action in a civil action to the district court for the district where the civil action is pending, "if such district court has jurisdiction of such claim or cause of action under [28 U.S.C. 1334]." 28 U.S.C. 1334(b) grants this court jurisdiction over "all civil proceedings arising under title 11, or arising in or related to cases under title 11." Litigation may fall within the district court's "related to" jurisdiction if the outcome of that litigation "might have any conceivable effect on the bankrupt estate." In re Cuyahoga Equip. Corp., 980 F.2d 110, 114 (2d Cir. 1992). As this instant case easily falls within the ambit of legal action that could affect "conceivable interest of the debtor," the court finds that the case was properly removed from the Superior Court of Connecticut. In re Barnard L. Madoff Inv. Secs. LLC, 740 F. 3d 81, 88 (2d Cir. 2014). Finding that the case is properly before this court, the court next looks to the motion to transfer nested within the notice of removal. "For change of venue purposes, [actions related to actions under title 11] are to be governed by section 1404, the general change of venue provision for all civil actions, rather than section 1412, the special venue provision for title 11 matters." Goldberg Holding Corp. v. NEP Prods., Inc., 93 B.R. 33, 34 (S.D.N.Y. 1988). As this is a case "related to" an action under title 11, the court finds that 28 U.S.C. 1404, and not 1412, is the proper authority. Section 1404 lays out three factors to consider: 1) whether venue in the Southern District of New York is proper; 2) whether the Southern District of New York is more convenient for the parties and witnesses; and 3) whether such transfer is in the interest of justice. 28 U.S.C. 1404. The court finds that the factors support the transfer of this action. Although the named defendants and the Debtor reside in the Eastern District of New York, the existing chapter 11 action in the Southern District of New York supports the finding that it is a convenient venue and that this transfer is in the interest of justice. See Goldberg Holding Corp., 93 B.R. at 35; see also 28 U.S.C. 1391(b). Upon transfer, the parties, or a judge of the Southern District of New York, may find that the Bankruptcy Court of the Southern District of New York is the more appropriate venue, consistent with the Standing Order of Reference issued by then-Chief Judge Loretta A. Preska. Consistent with this order, the Clerk of Court respectfully is asked to please transfer this case to the Southern District of New York. It is so ordered. Signed by Judge Omar A. Williams on 11/2/2023. (Kim, Hyo June)
|
| Filing 11 NOTICE of Appearance by Joseph Pastore on behalf of Williamsburg Boutique LLC (Pastore, Joseph) |
| Filing 10 Disclosure Statement by Williamsburg Boutique LLC. (Pastore, Joseph) |
| Filing 9 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 Answer to Complaint filed by Simon Tyrnauer, #1 Notice of Removal, filed by Williamsburg Boutique LLC, #2 Answer to Complaint filed by Mendel Klein, Simon Tyrnauer, Juda Klein, #6 Electronic Filing Order, #5 Order on Pretrial Deadlines, #8 Order, #7 Protective Order, 4 Notice re: Disclosure Statement, Signed by Clerk on 10/31/2023. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
| Set Deadline: Rule 26 Meeting Report due by 12/13/2023. (Velez, F.) |
|
Filing 8
Standing Order to Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 10/30/2023. (Peterson, M)
|
|
Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Omar A. Williams on 10/30/2023. (Peterson, M)
|
|
Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 10/30/2023. (Peterson, M)
|
|
Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 12/29/2023. Discovery due by 4/30/2024. Dispositive Motions due by 6/4/2024. Signed by Clerk on 10/30/2023. (Peterson, M)
|
| Filing 4 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 10/30/2023.(Anastasio, F.) |
| Filing 3 AMENDED ANSWER with Special Defenses by Simon Tyrnauer.(Anastasio, F.) |
| Filing 2 ANSWER with Special Defenses by Juda Klein, Mendel Klein, Simon Tyrnauer.(Anastasio, F.) |
| Judge Omar A. Williams and Judge Maria E. Garcia added. (Freberg, B) |
| Filing 1 NOTICE OF REMOVAL by Williamsburg Boutique LLC from Connecticut Superior Court, Judicial District of Stamford/Norwalk at Stamford, case number FST-CV-21-6050150-S. Filing fee $ 402 receipt number CCTDC-7531936, filed by Williamsburg Boutique LLC.(Pastore, Joseph) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
