SHS Ack, LLC v. Silberberg
Plaintiff: SHS ACK, LLC
Defendant: Stuart Silberberg
Case Number: 1:2021cv12121
Filed: December 23, 2021
Court: US District Court for the District of Massachusetts
Office: Boston Office
Presiding Judge: Angel Kelley
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2022 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)
February 10, 2022 Filing 34 JOINT STATEMENT re scheduling conference . (Gagas, William)
February 8, 2022 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)
January 20, 2022 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)
January 6, 2022 Filing 31 NOTICE of Appearance by Thomas H. Curran on behalf of SHS ACK, LLC (Curran, Thomas)
January 6, 2022 Filing 30 NOTICE of Appearance by Roberto L. DiMarco on behalf of Stuart Silberberg (DiMarco, Roberto)
December 23, 2021 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)
December 23, 2021 Filing 28 Case transferred in from District of New York Southern; Case Number 7:21-cv-06277.
December 22, 2021 Opinion or Order 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)
December 22, 2021 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)
December 22, 2021 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)
December 15, 2021 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)
December 15, 2021 Filing 25 PROPOSED CASE MANAGEMENT PLAN. Document filed by SHS Ack, LLC..(Gagas, William)
December 6, 2021 Filing 24 NOTICE OF APPEARANCE by William Henry Gagas on behalf of SHS Ack, LLC..(Gagas, William)
October 1, 2021 Opinion or Order 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)
September 30, 2021 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)
September 29, 2021 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)
September 29, 2021 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)
September 23, 2021 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)
September 22, 2021 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)
September 20, 2021 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)
September 17, 2021 Filing 16 NOTICE OF APPEARANCE by Anthony Thomas Wladyka, III on behalf of Stuart Silberberg..(Wladyka, Anthony)
September 17, 2021 Filing 15 ANSWER to #1 Complaint,. Document filed by Stuart Silberberg..(Raimondi, Christopher)
September 17, 2021 Filing 14 NOTICE OF APPEARANCE by Christopher Anthony Raimondi on behalf of Stuart Silberberg..(Raimondi, Christopher)
September 17, 2021 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)
August 24, 2021 Filing 12 NOTICE OF APPEARANCE by Kathleen Marie Prystowsky on behalf of Stuart Silberberg..(Prystowsky, Kathleen)
August 24, 2021 Filing 11 NOTICE OF APPEARANCE by Joshua David Bernstein on behalf of Stuart Silberberg..(Bernstein, Joshua)
August 24, 2021 Opinion or Order 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)
August 23, 2021 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)
August 4, 2021 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)
July 27, 2021 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)
July 27, 2021 Opinion or Order 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)
July 26, 2021 Filing 5 ELECTRONIC SUMMONS ISSUED as to Stuart Silberberg. (vf)
July 26, 2021 ***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)
July 26, 2021 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)
July 26, 2021 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)
July 26, 2021 Case Designated ECF. (vf)
July 23, 2021 Filing 4 NOTICE OF APPEARANCE by Christopher Marks on behalf of SHS ACK, LLC..(Marks, Christopher)
July 23, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Stuart Silberberg, re: #1 Complaint,. Document filed by SHS ACK, LLC..(Oliner, Daniel)
July 23, 2021 Filing 2 CIVIL COVER SHEET filed..(Oliner, Daniel)
July 23, 2021 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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Plaintiff: SHS ACK, LLC
Represented By: Christopher Marks
Represented By: William Henry Gagas
Represented By: Daniel Harrison Oliner
Represented By: Thomas H. Curran
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Defendant: Stuart Silberberg
Represented By: Christopher Anthony Raimondi
Represented By: Joshua David Bernstein
Represented By: Anthony Thomas Wladyka, III
Represented By: Kathleen Marie Prystowsky
Represented By: Roberto L. DiMarco
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