Filsoof v. Wheelock Street Capital, LLC
| Terasa Rene Filsoof |
| Wheelock Street Capital, LLC and WS CE Resort Owner LLC |
| 1:2023cv05601 |
| December 7, 2023 |
| US District Court for the Northern District of Georgia |
| Sarah E Geraghty |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 47 Case transferred in from District of New York Southern; Case Number 1:22-cv-09359. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Georgia.(tg) [Transferred from New York Southern on 12/7/2023.] |
Filing 46
MEMORANDUM AND ORDER terminating #35 Letter Motion for Conference re: #35 LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/31/2023, #41 MOTION to Change Venue , #30 SECOND LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/22/2023; granting #41 Motion to Change Venue; terminating #30 Letter Motion for Conference re: #35 LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/31/2023, #41 MOTION to Change Venue , #30 SECOND LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/22/2023. For the foregoing reasons, defendants' motion is granted, and the Court orders the case be transferred to the United States District Court for the Northern District of Georgia. The Clerk of Court is respectfully directed to terminate the motions pending at ECF Nos. 30, 35, and 41. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/30/2023) (mml) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/7/2023.]
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| Filing 45 REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Change Venue . . Document filed by WS CE Resort Owner, LLC, Wheelock Street Capital, LLC..(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 44 MEMORANDUM OF LAW in Opposition re: #41 MOTION to Change Venue . . Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 43 DECLARATION of April Adell in Support re: #41 MOTION to Change Venue .. Document filed by WS CE Resort Owner, LLC, Wheelock Street Capital, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J).(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 42 MEMORANDUM OF LAW in Support re: #41 MOTION to Change Venue . . Document filed by WS CE Resort Owner, LLC, Wheelock Street Capital, LLC..(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 41 MOTION to Change Venue . Document filed by WS CE Resort Owner, LLC, Wheelock Street Capital, LLC..(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 40 LETTER addressed to Judge Naomi Reice Buchwald from April Adell dated May 17, 2023 re: as per NRB rules. Document filed by WS CE Resort Owner, LLC, Wheelock Street Capital, LLC..(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 39 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. WS CE Resort Owner, LLC served on 4/10/2023, answer due 5/1/2023. Service was accepted by Tim Hodes, Authorized Agent served personally. Document filed by Terasa Rene Filsoof..(Bostany, John)[Transferred from New York Southern on 12/7/2023.] |
| Filing 38 LETTER addressed to Judge Naomi Reice Buchwald from John P. Bostany dated April 27, 2023 re: Docket Maintenance. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
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Filing 37
ORDER: it is hereby ORDERED that defendants shall file their change of venue motion by May 18, 2023 and that the memorandum of law in support of the motion shall be limited to twelve (12) pages; it is further ORDERED that plaintiff shall file its response by June 15, 2023 and that the memorandum of law in opposition to the motion shall be limited to twelve (12) pages; it is furtherORDERED that defendants shall file their reply by June 27, 2023 and that the reply memorandum of law shall be limited to five (5) pages., ( Motions due by 5/18/2023., Responses due by 6/15/2023, Replies due by 6/27/2023.) (Signed by Judge Naomi Reice Buchwald on 4/21/2023) (ama) [Transferred from New York Southern on 12/7/2023.]
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| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 4/19/2023. (ade) [Transferred from New York Southern on 12/7/2023.] |
| The dial-in for today's conference at 2:00 p.m. is 888-363-4749 and the access code is 2712517. (Reisig, Lauren) [Transferred from New York Southern on 12/7/2023.] |
| Filing 36 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from John P. Bostany dated April 5, 2023 re: #35 LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/31/2023. . Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 35 LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/31/2023. Document filed by WS CE Resort Owner, LLC..(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 34 NOTICE OF APPEARANCE by April Adell Febrizio on behalf of WS CE Resort Owner, LLC..(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 33 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from John P. Bostany dated March 27, 2023 re: #30 SECOND LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/22/2023. and request to compel Wheelock to comply with Rules 26, 33 and 34. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 32 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from John P. Bostany dated March 27, 2023 re: #30 SECOND LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/22/2023. and request to compel Wheelock to comply with Rules 26, 33 and 34. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 31 CERTIFICATE OF SERVICE of Summons and Amended Complaint. WS CE Resort Owner, LLC served on 3/22/2023, answer due 4/12/2023. Service was accepted by Registered Agent. Document filed by Terasa Rene Filsoof..(Steinbach, Max) [Transferred from New York Southern on 12/7/2023.] |
| Filing 30 SECOND LETTER MOTION for Conference Pre-Motion addressed to Judge Naomi Reice Buchwald from April Adell Febrizio dated 03/22/2023. Document filed by Wheelock Street Capital, LLC..(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 29 NOTICE OF APPEARANCE by Max Steinbach on behalf of Terasa Rene Filsoof..(Steinbach, Max) [Transferred from New York Southern on 12/7/2023.] |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to WS CE Resort Owner, LLC..(pc) [Transferred from New York Southern on 12/7/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Peter Bostany. The party information for the following party/parties has been modified: WS CE RESORT OWNER, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) [Transferred from New York Southern on 12/7/2023.] |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to WS CE RESORT OWNER, LLC, re: #24 Amended Complaint. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 26 LETTER addressed to Judge Naomi Reice Buchwald from John P. Bostany dated March 20, 2023 re: Redline of Amended Complaint. Document filed by Terasa Rene Filsoof. (Attachments: #1 Exhibit Redline of Amended Complaint).(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 25 NOTICE OF APPEARANCE by April Adell Febrizio on behalf of Wheelock Street Capital, LLC..(Adell Febrizio, April) [Transferred from New York Southern on 12/7/2023.] |
| Filing 24 SECOND AMENDED COMPLAINT amending #9 Amended Complaint, against Wheelock Street Capital, LLC, WS CE RESORT OWNER, LLC with JURY DEMAND.Document filed by Terasa Rene Filsoof. Related document: #9 Amended Complaint,..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
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Filing 23
ORDER terminating #18 Letter Motion for Leave to File Document; terminating #21 Letter Motion for Conference re: #18 FIRST LETTER MOTION for Leave to File Motion for Judgment on Pleadings addressed to Judge Naomi Reice Buchwald from Joseph Laird dated January 25, 2023., #21 SECOND LETTER MOTION for Conference re: #18 FIRST LETTER MOTION for Leave to File Motion for Judgment on Pleadings addressed to Judge Naomi Reice Buchwald from Joseph Laird dated January 25, 2023. addressed to Judge Naomi Reic. After holding an initial pretrial conference on February 2, 2023 and after reviewing the parties' pre-motion letters, dated February 13, 2023 and February 14, 2023, the Court has determined that defendant may bring its motion without the necessity of a second pre-motion conference. Plaintiff is reminded that if, consistent with Rule 11, he can assert additional allegations to cure any alleged deficiencies raised by defendants' letter, it would be in the best interest of both the parties and the Court for plaintiff to assert them now, before briefing on the proposed motions. Plaintiff is thus granted leave to file an amended complaint within two weeks of this Order. At that time, if no amended complaint has been filed, the parties should confer on a briefing schedule agreeable to both sides, in which no more than forty-five (45) days elapse from the filing of defendants motions to the filing of defendant's reply. Given the personal jurisdiction and venue issues that have been raised, defendant's request that discovery be stayed seems appropriate. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/27/2023) (tg) [Transferred from New York Southern on 12/7/2023.]
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| Filing 22 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from John P. Bostany dated February 14, 2023 re: #21 SECOND LETTER MOTION for Conference re: #18 FIRST LETTER MOTION for Leave to File Motion for Judgment on Pleadings addressed to Judge Naomi Reice Buchwald from Joseph Laird dated January 25, 2023. addressed to Judge Naomi Reic . Document filed by Terasa Rene Filsoof. (Attachments: #1 Exhibit H -Requests for Admission, #2 Exhibit H-1 Ex. B to RFAs, #3 Exhibit H-2 Ex. C to RFAs, #4 Exhibit I Plaintiff's Feb. 1 disclosures, #5 Exhibit J Add'l Good Faith efforts).(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 21 SECOND LETTER MOTION for Conference re: #18 FIRST LETTER MOTION for Leave to File Motion for Judgment on Pleadings addressed to Judge Naomi Reice Buchwald from Joseph Laird dated January 25, 2023. addressed to Judge Naomi Reice Buchwald from JOSEPH LAIRD dated 2/13/23. Document filed by Wheelock Street Capital, LLC. (Attachments: #1 Exhibit A).(Laird, Joseph) [Transferred from New York Southern on 12/7/2023.] |
| Filing 20 SUPPLEMENTAL LETTER addressed to Judge Naomi Reice Buchwald from John P. Bostany dated February 7, 2023 re: John P. Bostany. Document filed by Terasa Rene Filsoof. (Attachments: #1 Exhibit C RFAs, #2 Exhibit D Affidavit of Wheelock Principal, #3 Exhibit E Wheelock Principal listing, #4 Exhibit F Corrected Jan. 31 letter, #5 Exhibit G Plaintiff's offer to extend time to Answer).(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Pretrial Conference held on 2/2/2023. (ade) [Transferred from New York Southern on 12/7/2023.] |
| Filing 19 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from John P. Bostany dated January 31, 2023 re: #18 FIRST LETTER MOTION for Leave to File Motion for Judgment on Pleadings addressed to Judge Naomi Reice Buchwald from Joseph Laird dated January 25, 2023. . Document filed by Terasa Rene Filsoof. (Attachments: #1 Exhibit A 1.24.23 Requests for Docs, #2 Exhibit B 1.24.23 Interrogatories).(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 18 FIRST LETTER MOTION for Leave to File Motion for Judgment on Pleadings addressed to Judge Naomi Reice Buchwald from Joseph Laird dated January 25, 2023. Document filed by Wheelock Street Capital, LLC..(Laird, Joseph) [Transferred from New York Southern on 12/7/2023.] |
| Filing 17 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 16 NOTICE of Consent to eService pursuant to Rule 5(b)(2)(E). Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 15 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/2/2023 at 11:30 AM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 1/11/2023) (tg) [Transferred from New York Southern on 12/7/2023.] |
| Filing 14 ANSWER to #9 Amended Complaint,. Document filed by Wheelock Street Capital, LLC..(Laird, Joseph) [Transferred from New York Southern on 12/7/2023.] |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wheelock Street Capital, LLC..(Laird, Joseph) [Transferred from New York Southern on 12/7/2023.] |
| Filing 12 EXHIBIT TO PLEADING re: #9 Amended Complaint,. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 9 FIRST AMENDED COMPLAINT amending #1 Complaint against Wheelock Street Capital, LLC with JURY DEMAND.Document filed by Terasa Rene Filsoof. Related document: #1 Complaint..(Bostany, John) Modified on 12/19/2022 (vf). Modified on 12/20/2022 (gp). [Transferred from New York Southern on 12/7/2023.] |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Barbara C. Moses from Joseph Laird dated 12/1/22., #1 Complaint. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/7/2022) (tg) Modified on 12/8/2022 (tg). [Transferred from New York Southern on 12/7/2023.]
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| Filing 7 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Barbara C. Moses from Joseph Laird dated 12/1/22. Document filed by Wheelock Street Capital, LLC..(Laird, Joseph) [Transferred from New York Southern on 12/7/2023.] |
| Filing 6 NOTICE OF APPEARANCE by Joseph Laird on behalf of Wheelock Street Capital, LLC..(Laird, Joseph) [Transferred from New York Southern on 12/7/2023.] |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint served. Wheelock Street Capital, LLC served on 11/3/2022, answer due 11/25/2022. Service was accepted by Corporation Service Company, Registered Agent. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Wheelock Street Capital, LLC..(jgo) [Transferred from New York Southern on 12/7/2023.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to WHEELOCK STREET CAPITAL, LLC, re: #1 Complaint. Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 12/7/2023.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 12/7/2023.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 12/7/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
| Filing 1 COMPLAINT against Wheelock Street Capital, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26902439)Document filed by Terasa Rene Filsoof..(Bostany, John) [Transferred from New York Southern on 12/7/2023.] |
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