Corso v. Franz
| Joseph Corso |
| Mark Franz |
| 2:2019cv02097 |
| February 21, 2019 |
| U.S. District Court for the District of Kansas |
| Daniel D Crabtree |
| Kenneth G Gale |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| None |
Docket Report
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| Filing 33 Letter from the clerk to counsel regarding pro hac vice requirements. (tvn) |
| Filing 32 CASE TRANSFERRED IN from District of New York Eastern; Case Number 1:16-cv-02384. Electronic case file and docket sheet received. (tvn) |
Case transferred to District of Kansas. 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 Judge Frederic Block on 2/19/2019. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.]
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ELECTRONIC ORDER REOPENING CASE. Ordered by Judge Frederic Block on 2/19/2019. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.]
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Filing 31
MEMORANDUM and ORDER: Corso has not made a prima facie showing of venue under either 1965(a) or 1391(b)(2). When venue is improper, the district court has discretion to dismiss, or if it be in the interest of justice, transfer such case to any district... in which it could have been brought. 28 U.S.C. 1406(a); Minnette v. Time Warner, 997 F.2d 1023, 1026 (2d Cir. 1993) (Whether dismissal or transfer is appropriate lies within the sound discretion of the district court.). Since Franz concedes both that venue is proper in the District of Kansas and that he is subject to personal jurisdiction there, the Court exercises its discretion to transfer the case to the District of Kansas in lieu of dismissal. Ordered by Judge Frederic Block on 3/27/2018. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.]
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ELECTRONIC ORDER DISMISSING and TRANSFERRING CASE: See entry #31 . The Clerk of the Court shall transfer this case to the District of Kansas. Ordered by Judge Frederic Block on 3/27/2018. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.]
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| Filing 30 Fully Briefed MOTION to Dismiss , Fully Briefed MOTION to Change Venue by Mark Franz. (Attachments: #1 Defendant's Opening Letter, #2 Affidavit of Mark Franz, #3 Plaintiff's Letter in Response, #4 Defendant's Letter in Reply) (Seitz, Michael) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 29 Letter Regarding Revised Briefing Schedule by Mark Franz (Seitz, Michael) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 28 Letter Advising Court of Revised Briefing Schedule by Joseph Corso (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 27 Letter confirming service of letter brief by Mark Franz (Seitz, Michael) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 26 Letter Regarding Agreed Upon Briefing Schedule For Defendant's Motion To Dismiss Or Change Venue by Mark Franz (Seitz, Michael) [Transferred from New York Eastern on 2/21/2019.] |
| Minute Entry for proceedings held before Judge Frederic Block: Seth Ginsberg, Esq. for the plaintiff and Patrick McInerney, Esq. & Michael Seitz, Esq by telephone and William Fleming, Esq. (local counsel)for the defendants, all present. Pre-motion conference held on 4/11/2017. Defendants anticipated motion to dismiss or change venue was discussed. Counsel will submit letter briefs as to the venue & jurisdictional issue. By April 18, 2017 counsel shall ECF file a letter with their agreed upon briefing schedule. Counsel shall serve and ECF file their fully briefed motion according to J. Blocks motion rules. (Court Reporter: Not Reported) (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 25 Letter Regarding Pre-motion Conference by Joseph Corso (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 24 Letter Requesting Telephone Appearance At Premotion Conference by Mark Franz (Seitz, Michael) [Transferred from New York Eastern on 2/21/2019.] |
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ELECTRONIC ORDER: Defendant's letter application #24 with the consent of the plaintiff is GRANTED. The defendant's counsel may participate by telephone at the pre-motion conference scheduled on April 11, 2017 @ 11AM. Ordered by Judge Frederic Block on 3/28/2017. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.]
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Filing 23
SCHEDULING ORDER: Defendant's letter application #17 dated 3/7/17 is GRANTED. A pre motion conference is schedule for April 11, 2017 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 3/20/2017. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.]
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| Filing 22 First MOTION for Extension of Time to File Response/Reply as to #17 Letter Requesting Conference and Permission to File Motion to Dismiss by Joseph Corso. (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
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ELECTRONIC ORDER: Plaintiff's letter application #22 dated 3/17/17 with the consent of the defendant is GRANTED. By April 4, 2017 the plaintiff shall serve and file their reply to the defendant's request for a pre-motion conference and serve and file any motion to dismiss their complaint. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other of this order. Ordered by Judge Frederic Block on 3/17/2017. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.]
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| Filing 21 NOTICE of Appearance by Michael Seitz on behalf of Mark Franz (notification declined or already on case) (Seitz, Michael) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 20 NOTICE of Appearance by Patrick McInerney on behalf of Mark Franz (notification declined or already on case) (McInerney, Patrick) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9370309. by Mark Franz. (Attachments: #1 Affidavit) (McInerney, Patrick) [Transferred from New York Eastern on 2/21/2019.] |
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ELECTRONIC ORDER: Granting Michael Seitz's motion #18 and Patrick McInerney's motion #19 for leave to appear pro hac vice for the defendant. The attorney's shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Judge Frederic Block on 3/16/2017. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.]
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| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9362128. by Mark Franz. (Attachments: #1 Affidavit of Michael Seitz In Support of Motion To Admit Counsel Pro Hac Vice) (Seitz, Michael) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 17 Letter Requesting Pre-Motion Conference by Mark Franz (Fleming, William) [Transferred from New York Eastern on 2/21/2019.] |
| Motions terminated, docketed incorrectly: #16 MOTION to Dismiss. J. BLOCK REQUIRES A LETTER REQUESTING A PREMOTION CONFERENCE PRIOR TO ANY DISPOSITIVE MOTIONS BEING SERVED AND FILED. COUNSEL SHALL FOLLOW J. BLOCK MOTION RULES LOCATED ON THE COURT'S WEBSITE. (Innelli, Michael) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 16 MOTION to Dismiss or to Transfer Venue by Mark Franz. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Certificate of Service) (Fleming, William) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 15 SUMMONS Returned Executed by Joseph Corso. Mark Franz served on 1/29/2017, answer due 2/20/2017. (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 14 Summons Reissued as to Mark Franz. (Lee, Tiffeny) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 13 Letter Re: Revised Summons by Joseph Corso (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 12 Proposed Summons. by Joseph Corso (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
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ORDER: The time to accomplish service is extended to February 1, 2017. Failure to accomplish service by that date will result in a recommendation that this case be dismissed absent an application for additional time to serve that more specifically describes any ongoing efforts to locate the defendant and explains why those efforts could not have previously been taken. Ordered by Magistrate Judge Steven M. Gold on 12/27/2016. (Gillespie, Saudia) [Transferred from New York Eastern on 2/21/2019.]
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| Filing 11 STATUS REPORT by Joseph Corso (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 10 MOTION to Continue date of Conference by Joseph Corso. (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
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ORDER: #10 Motion to Continue is hereby GRANTED in part and DENIED in part. The initial conference previously scheduled for November 1, 2016 is adjourned without a date. The time in which to serve the defendant is extended to December 15. Plaintiff's counsel is directed to submit a status report letter by December 30. Ordered by Magistrate Judge Steven M. Gold on 10/28/2016. (Gillespie, Saudia) [Transferred from New York Eastern on 2/21/2019.]
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| Filing 9 Summons Issued as to Mark Franz. (Fernandez, Erica) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 8 First MOTION for Extension of Time to File by Joseph Corso. (Attachments: #1 Proposed Summons) (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
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ORDER: #8 Motion for Extension of Time to File granting in part and denying in part. The Court is unavailable on the new date requested. The Initial Conference set for September 9, 2016 is adjourned to November 1, 2016 at 11:30 a.m. in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 8/25/2016. (Gillespie, Saudia) Modified date of conference on 8/25/2016 (Gillespie, Saudia). [Transferred from New York Eastern on 2/21/2019.]
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| Filing 7 #6 Application for Refund of Fees Paid Electronically. Approved by August Marziliano, Operations Manager on 8/1/2016. (Marziliano, August) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 6 MOTION for Refund of Fees Paid Electronically by Joseph Corso. (Marziliano, August) [Transferred from New York Eastern on 2/21/2019.] |
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Filing 5
SCHEDULING ORDER: An Initial Conference is set for 9/9/2016 at 10:30 AM in Courtroom 13D South before Magistrate Judge Steven M. Gold. Counsel are directed to refer to and comply with the attached order. Ordered by Magistrate Judge Steven M. Gold on 7/11/2016. (Attachments: #1 CHAMBERS INDIVIDUAL RULES) (Richardson, Jacqueline) [Transferred from New York Eastern on 2/21/2019.]
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| Filing 4 Summons Issued as to Mark Franz. (Davis, Kimberly) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 2/21/2019.] |
| Filing 1 COMPLAINT against Mark Franz filing fee $ 400, receipt number 0207-8599662 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Joseph Corso. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Ginsberg, Seth) [Transferred from New York Eastern on 2/21/2019.] |
| Case Assigned to Judge Frederic Block and Magistrate Judge Steven M. Gold. 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. (Davis, Kimberly) [Transferred from New York Eastern on 2/21/2019.] |
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| Plaintiff: Joseph Corso | |
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| Defendant: Mark Franz | |
| Represented By: | Michael W. Seitz |
| Represented By: | Patrick A. McInerney |
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