Butkov v. Lemberg Group Inc. et al
| Viacheslav Vladimirovich Butkov |
| Lemberg Logistics Inc. and Lemberg Group Inc. |
| 1:2024cv07751 |
| August 27, 2024 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| P.I.: Motor Vehicle |
| 02 U.S.C. ยง 431 Fed. Election Commission: Failure Enforce Compliance |
| Defendant |
Docket Report
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| Filing 9 RECEIVED from New York Eastern; Case Number 1:24-cv-04961 (aee). |
Case transferred to District of Northern District of Illinois. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.Ordered by Magistrate Judge Taryn A. Merkl on 8/23/2024. (ALG) [Transferred from New York Eastern on 8/27/2024.]
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ORDER: On 7/22/2024, the Court ordered Plaintiff to show cause as to why venue is proper in this district by 7/29/2024. On 8/8/2024, the Court again ordered Plaintiff to show cause as to why venue is proper in this district by 8/15/2024, and indicated that if the parties failed to show cause by 8/20/2024, the Court would transfer the action to the Northern District of Illinois. No filing has been made by either party showing why venue is proper here. Accordingly, and for the reasons stated in the Court's 7/22/2024 order to show cause, the Clerk of Court is respectfully directed to transfer this action to the United States District Court for the Northern District of Illinois. Ordered by Magistrate Judge Taryn A. Merkl on 8/23/2024. (ALG) [Transferred from New York Eastern on 8/27/2024.]
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ORDER: On 7/22/2024, the Court ordered Plaintiff to show cause as to why venue is proper in this district or whether the parties consent to a transfer of venue and to which district. To date, no such filing has been made. Plaintiff is directed to file a response to the Court's 7/22/2024 order to show cause by 8/15/2024. Defendants may respond by 8/20/2024. If the parties fail to show cause as to why venue is proper here or present argument as to where venue should lie by 8/20/2024, the Court shall direct the Clerk of Court to transfer this action to the judicial district in which Defendants reside, namely, the United States District Court for the Northern District of Illinois. See 28 U.S.C. 1406(a). Ordered by Magistrate Judge Taryn A. Merkl on 8/8/2024. (ALG) [Transferred from New York Eastern on 8/27/2024.]
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| Filing 8 NOTICE of Appearance by Cornelius Redmond on behalf of Viacheslav Vladimirovich Butkov (notification declined or already on case) (Redmond, Cornelius) [Transferred from New York Eastern on 8/27/2024.] |
| Filing 7 DEMAND for Trial by Jury by Lemberg Group Inc., Lemberg Logistics Inc. (Attachments: #1 Affidavit Declaration of Service of Jury Demand) (Payne, Jeffrey) [Transferred from New York Eastern on 8/27/2024.] |
| Filing 6 AFFIDAVIT/AFFIRMATION Proof of Service to Plaintiff of Order to Show Cause by Lemberg Group Inc., Lemberg Logistics Inc. (Payne, Jeffrey) [Transferred from New York Eastern on 8/27/2024.] |
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ORDER: The allegations of Plaintiff's complaint (ECF No. 1-1), read in conjunction with Defendants' notice of removal (ECF No. 1), raise questions regarding whether venue is proper in the Eastern District of New York. Venue is governed by 28 U.S.C. 1391(b), which provides that an action may brought in the "judicial district in which any defendant resides," or "in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated." If an action is filed in the wrong district court, a court "shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. 1406(a). A transfer under 1406(a) may be made upon motion or by a court sua sponte. See Pisani v. Diener, No. 07-CV-5118, 2009 WL 749893, at *8 (E.D.N.Y. Mar. 17, 2009) (collecting cases). The notice of removal indicates that the Defendants are citizens of Illinois, with their principal places of business in DuPage County (see Notice of Removal, ECF No. 1, 7-8), and the complaint indicates that the cause of action arose in Columbia County, Pennsylvania, (see Compl., ECF No. 1-1, 2). Accordingly, it appears that the proper venue for this action is either the United States District Court for the Northern District of Illinois or the United States District Court for the Middle District of Pennsylvania. See 28 U.S.C. 93(a), 118(b). By 7/29/2024, Plaintiff is ordered to show cause in writing why venue is proper in this district and, if not, whether the parties consent to a transfer of venue and to which district. Defendants may respond to Plaintiff's Order to Show Cause by 8/6/2024. If the parties fail to show cause as to why venue is proper here or present argument as to where venue should lie by 8/6/2024, the Court shall direct the Clerk of Court to transfer this action to the judicial district in which Defendants reside, namely, the United States District Court for the Northern District of Illinois. See 28 U.S.C. 1406(a). By 7/24/2024, Defendants shall provide a copy of this order to Plaintiff's counsel and file proof of same on ECF. Ordered by Magistrate Judge Taryn A. Merkl on 7/22/2024. (ALG) [Transferred from New York Eastern on 8/27/2024.]
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) [Transferred from New York Eastern on 8/27/2024.] |
| Filing 4 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) [Transferred from New York Eastern on 8/27/2024.] |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) [Transferred from New York Eastern on 8/27/2024.] |
| Case Assigned to Magistrate Judge Taryn A. Merkl. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) [Transferred from New York Eastern on 8/27/2024.] |
| Filing 3 Corporate Disclosure Statement by Lemberg Group Inc., Lemberg Logistics Inc. (Payne, Jeffrey) [Transferred from New York Eastern on 8/27/2024.] |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Lemberg Group Inc., Lemberg Logistics Inc. (Payne, Jeffrey) [Transferred from New York Eastern on 8/27/2024.] |
| Filing 1 NOTICE OF REMOVAL by Lemberg Group Inc., Lemberg Logistics Inc. from Supreme Court, Kings County, case number 509530/2024. ( Filing fee $ 405 receipt number ANYEDC-18079979) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Motion, #4 Exhibit D - Response to Damages) (Payne, Jeffrey) [Transferred from New York Eastern on 8/27/2024.] |
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