SHS Ack, LLC v. Silberberg
| SHS ACK, LLC |
| Stuart Silberberg |
| 1:2021cv12121 |
| December 23, 2021 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Angel Kelley |
| Negotiable Instrument |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 35 District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court adopts the parties' proposed #34 Scheduling Order and sets the following deadlines:SCHEDULING ORDER DEADLINES:Amendments to pleadings due by 7/15/22.All discovery, other than expert discovery, must be completed by 6/30/22.Plaintiff's trial experts must be designated and disclosed by 7/18/22, and deposed by 8/1/22.Defendant's trial experts must be designated and disclosed by 8/18/22, and deposed by 9/9/22.Dispositive motions must be filed by 9/30/22.Opposition due by 10/21/22.Reply due by 11/4/22.NOTICE OF HEARINGS:The Scheduling Conference previously set for 2/17/22 is CANCELLED. Status Conference set for 7/19/2022 02:30 PM in Courtroom 8 (In person only) before District Judge Angel Kelley.Should the parties wish to appear by video conference, and all parties assent to such change, they may reach out to the Courtroom Deputy Clerk to modify the hearing no later than two business days prior to the scheduled hearing. (Lara, Miguel) |
| Filing 34 JOINT STATEMENT re scheduling conference . (Gagas, William) |
| Filing 33 District Judge Angel Kelley: ORDER entered. The parties are directed to consult and submit an agreed-upon pretrial schedule, as per the attached sample, no later than 7 days before the Scheduling Conference. If the Court finds parties' proposed deadlines reasonable or requires only minor adjustments, it may enter a scheduling order in lieu of holding the scheduling conference. Otherwise, Scheduling Conference set for 2/17/2022 03:00 PM in Remote Proceeding : Boston before District Judge Angel Kelley. (Lara, Miguel) |
| Filing 32 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 2/17/2022 03:00 PM in Remote Proceeding : Boston before District Judge Angel Kelley. (Lara, Miguel) |
| Filing 31 NOTICE of Appearance by Thomas H. Curran on behalf of SHS ACK, LLC (Curran, Thomas) |
| Filing 30 NOTICE of Appearance by Roberto L. DiMarco on behalf of Stuart Silberberg (DiMarco, Roberto) |
| Filing 29 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Danieli, Chris) |
| Filing 28 Case transferred in from District of New York Southern; Case Number 7:21-cv-06277. |
Filing 27
ORDER: For the reasons indicated on the record and law cited therein, defendant's motion to transfer venue to the United States District Court for the District of Massachusetts is GRANTED. Accordingly, the Clerk of the Court is respectfully directed to transfer this action to United States District Court for the District of Massachusetts pursuant to Local Civil Rule 83.1. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/22/2021) (jca)
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| Minute Entry for proceedings held before Judge Philip M. Halpern: Initial Pretrial Conference held on 12/22/2021. Counsel for all parties appeared via telephone. The Court construed defendant's pre-motion letter (Doc. 19) as his motion to transfer venue to the District of Massachusetts. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011) (upholding construction of pre-motion letter as motion). The Court considered the arguments therein, plaintiff's response thereto (Doc. 22), and the parties' arguments at the conference. For the reasons set forth on the record, the Court granted defendant's motion. A written order will be docketed separately. (msr) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Massachusetts (jca) |
| Filing 26 LETTER addressed to Judge Philip M. Halpern from William Gagas dated 12/15/2021 re: Individual Practices Rule 2(B). Document filed by SHS Ack, LLC..(Gagas, William) |
| Filing 25 PROPOSED CASE MANAGEMENT PLAN. Document filed by SHS Ack, LLC..(Gagas, William) |
| Filing 24 NOTICE OF APPEARANCE by William Henry Gagas on behalf of SHS Ack, LLC..(Gagas, William) |
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Filing 23
ORDER terminating #18 Letter Motion for Leave to File Document; terminating #19 Letter Motion for Conference re: #18 LETTER MOTION for Leave to File Pre-motion conference letter and early motion for summary judgment addressed to Judge Philip M. Halpern from Daniel H. Oliner dated September 22, 2021., #19 LETTER MOTION for Conference /Pre-motion conference addressed to Judge Philip M. Halpern from Christopher A. Raimondi dated September 23, 2021. The issues raised in Plaintiff's September 22, 2021 letter (Doc. 18) and Defendant's September 23, 2021 letter (Doc. 19) will be addressed at the initial conference scheduled for December 22, 2021 at 2:00 p.m. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Docs. 18 and 19. SO ORDERED.. (Signed by Judge Philip M. Halpern on 9/30/2021) (jca)
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| Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge Philip M. Halpern from Daniel H. Oliner dated September 30, 2021 re: #19 LETTER MOTION for Conference /Pre-motion conference addressed to Judge Philip M. Halpern from Christopher A. Raimondi dated September 23, 2021. . Document filed by SHS Ack, LLC..(Oliner, Daniel) |
| Filing 21 LETTER RESPONSE in Support of Motion addressed to Judge Philip M. Halpern from Daniel H. Oliner dated September 29, 2021 re: #18 LETTER MOTION for Leave to File Pre-motion conference letter and early motion for summary judgment addressed to Judge Philip M. Halpern from Daniel H. Oliner dated September 22, 2021. . Document filed by SHS Ack, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Oliner, Daniel) |
| Filing 20 LETTER addressed to Judge Philip M. Halpern from Christopher A. Raimondi dated September 29, 2021 re: Letter in Opposition to Plaintiff's Request for Leave to file a Summary Judgment Motion. Document filed by Stuart Silberberg..(Raimondi, Christopher) |
| Filing 19 LETTER MOTION for Conference /Pre-motion conference addressed to Judge Philip M. Halpern from Christopher A. Raimondi dated September 23, 2021. Document filed by Stuart Silberberg..(Raimondi, Christopher) |
| Filing 18 LETTER MOTION for Leave to File Pre-motion conference letter and early motion for summary judgment addressed to Judge Philip M. Halpern from Daniel H. Oliner dated September 22, 2021. Document filed by SHS Ack, LLC. (Attachments: #1 Exhibit A).(Oliner, Daniel) |
| Filing 17 NOTICE OF INITIAL CONFERENCE: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) Initial Conference set for 12/22/2021 at 02:00 PM before Judge Philip M. Halpern..(jca) |
| Filing 16 NOTICE OF APPEARANCE by Anthony Thomas Wladyka, III on behalf of Stuart Silberberg..(Wladyka, Anthony) |
| Filing 15 ANSWER to #1 Complaint,. Document filed by Stuart Silberberg..(Raimondi, Christopher) |
| Filing 14 NOTICE OF APPEARANCE by Christopher Anthony Raimondi on behalf of Stuart Silberberg..(Raimondi, Christopher) |
| Filing 13 NOTICE of Substitution of Attorney. Old Attorney: Joshua D. Bernstein, Kathleen M. Prystowsky, New Attorney: Christopher A. Raimondi, Address: Raimondi Law, P.C., 552 Broadway, Massapequa, New York, USA 11758, 516-308-4462. Document filed by Stuart Silberberg..(Raimondi, Christopher) |
| Filing 12 NOTICE OF APPEARANCE by Kathleen Marie Prystowsky on behalf of Stuart Silberberg..(Prystowsky, Kathleen) |
| Filing 11 NOTICE OF APPEARANCE by Joshua David Bernstein on behalf of Stuart Silberberg..(Bernstein, Joshua) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Philip M. Halpern from Kathleen M. Prystowsky dated August 23, 2021. Application granted. Defendant shall answer or move by September 17, 2021. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 9. SO ORDERED. Stuart Silberberg answer due 9/17/2021. (Signed by Judge Philip M. Halpern on 8/24/2021) (jca)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Philip M. Halpern from Kathleen M. Prystowsky dated August 23, 2021. Document filed by Stuart Silberberg..(Prystowsky, Kathleen) |
| Filing 8 SUMMONS RETURNED EXECUTED. Stuart Silberberg served on 8/3/2021, answer due 8/24/2021. Document filed by SHS Ack, LLC..(Marks, Christopher) |
| Filing 7 RESPONSE re: 6 Order,, to Advise the Court of the Citizenship of Plaintiff' LLC's Members. Document filed by SHS Ack, LLC..(Oliner, Daniel) |
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Filing 6
ORDER: For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members. See Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48, 51-52 (2d Cir.2000). Because Plaintiff is a limited liability company, it must allege the citizenship of each of its members to invoke this Court's diversity jurisdiction. Thus, Plaintiff is directed to advise the Court regarding the citizenship of its members by August 4, 2021 at 5:00 p.m. (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (msr)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Stuart Silberberg. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Harrison Oliner. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(vf) |
| Magistrate Judge Judith C. McCarthy 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 NOTICE OF APPEARANCE by Christopher Marks on behalf of SHS ACK, LLC..(Marks, Christopher) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Stuart Silberberg, re: #1 Complaint,. Document filed by SHS ACK, LLC..(Oliner, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Oliner, Daniel) |
| Filing 1 COMPLAINT against Stuart Silberberg. (Filing Fee $ 402.00, Receipt Number ANYSDC-24835103)Document filed by SHS Ack, 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, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N).(Oliner, Daniel) |
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