Barkley v. Avanzino et al
| Christopher B. Barkley |
| James C. Avanzino, RN Database.com LLC and RN Database.com LLC doing business as RNDATABASE |
| TD Bank, N.A. and Morgan Stanley Smith Barney LLC |
| 1:2023cv00560 |
| December 27, 2023 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| Talesha L Saint-Marc |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 MOTION to Dismiss for Failure to State a Claim filed by James C. Avanzino, RN Database.com LLC.Follow up on Objection on 3/1/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Declaration of James C. Avanzino, #2 Exhibit 1 - August 20, 2021 Intro to Barkley, #3 Exhibit 2 - PV Butler Demand Letter, #4 Exhibit 3 - Wire Payment to PV Butler, #5 Exhibit 4 - PV Butler Draft Complaint, #6 Exhibit 5 - Wire Payment to PV Butler, #7 Memorandum of Law Memorandum of Law)(Levenson, Brian) |
| Filing 18 NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk Daniel J. Lynch. (Carroll, Laura) |
| Case reassigned to Judge Samantha D. Elliott and US Magistrate Judge Talesha L. Saint-Marc. Reason for Reassignment: No Consent to Jurisdiction by U.S. Magistrate Judge. The new case designation is: 1:23-cv-560-SE-TSM. Please show this number with the correct judge designation on all further pleadings. (bd) |
| ENDORSED ORDER granting: #16 PLAINTIFFS ASSENTED-TO MOTION TO SEAL EXHIBIT A AND EXHIBIT E OF VERIFIED COMPLAINT. Text of Order: Granted. Exhibits A and E shall be sealed. Redacted versions will be added to doc. No. 1. So Ordered by US Magistrate Judge Talesha L. Saint-Marc. (bd) |
| Filing 17 Diversity of Citizenship Disclosure Statement by James C. Avanzino, RN Database.com LLC identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Levenson, Brian) |
| NO DIVERSITY DISCLOSURE STATEMENT FILED as to James C. Avanzino and RN Database.com LLC. Effective 12/1/2022 F.R.Civ.P. 7.1 was amended to require that parties or intervenors in diversity cases must file a diversity disclosure statement. James C. Avanzino and RN Database.com LLC shall file a diversity disclosure statement using the Civil/Other Filings/Other Documents/Diversity Citizenship Disclosure Statement. (bd) |
| Filing 16 PLAINTIFFS ASSENTED-TO MOTION TO SEAL EXHIBIT A AND EXHIBIT E OF VERIFIED COMPLAINT filed by Christopher B. Barkley. (Attachments: #1 Redacted Exhibit A: Subscription Agreement, #2 Redacted Exhibit E: Emails between Plaintiff and Defendants)(bd) |
| ENDORSED ORDER granting: #15 Emergency MOTION to Extend Time to Object/Respond to #5 PETITION to Attach With Notice (Real Estate Attachment), #6 PETITION to Attach With Notice (Trustee Process Attachment) to February 29, 2024. Text of Order: Granted So Ordered by US Magistrate Judge Talesha L. Saint-Marc. Follow up on Objection on 2/29/2024. (bd) |
| Filing 15 Emergency MOTION to Extend Time to Object/Respond to #5 PETITION to Attach With Notice (Real Estate Attachment), #6 PETITION to Attach With Notice (Trustee Process Attachment) to February 29, 2024 filed by James C. Avanzino, RN Database.com LLC. Attorney Brian Levenson added to party James C. Avanzino(pty:dft), Attorney Brian Levenson added to party RN Database.com LLC(pty:dft).Follow up on Objection on 2/6/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Levenson, Brian) |
| ENDORSED ORDER granting: #14 MOTION for Brian Levenson to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd) |
| ENDORSED ORDER granting: #13 MOTION to Appoint Counsel, MOTION for Richard A. Roth to Appear Pro Hac. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd) |
| Filing 14 MOTION for Brian Levenson to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2468131.) filed by James C. Avanzino, RN Database.com LLC.Follow up on Objection on 2/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Levenson Affidavit)(Tamposi, Peter) |
| Filing 13 MOTION to Appoint Counsel , MOTION for Richard A. Roth to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2468130.) (Follow up on Objection on 2/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).) filed by James C. Avanzino, RN Database.com LLC. (Attachments: #1 Exhibit Roth Affidavit)(Tamposi, Peter) |
| Filing 12 NOTICE of Attorney Appearance by Peter N. Tamposi on behalf of James C. Avanzino, RN Database.com LLC Attorney Peter N. Tamposi added to party James C. Avanzino(pty:dft), Attorney Peter N. Tamposi added to party RN Database.com LLC(pty:dft).(Tamposi, Peter) |
| Filing 11 WAIVER OF SERVICE Returned Executed as to James C. Avanzino, RN Database.com LLC by Christopher B. Barkley. Served/Mailed on 12/28/2023. Answer Follow Up on 2/29/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Carroll, Laura) |
| Filing 10 NOTICE of Attorney Appearance by Stuti Venkat on behalf of Christopher B. Barkley Attorney Stuti Venkat added to party Christopher B. Barkley(pty:pla).(Venkat, Stuti) |
| Filing 9 NOTICE of Attorney Appearance by Thomas T. Reith on behalf of Christopher B. Barkley Attorney Thomas T. Reith added to party Christopher B. Barkley(pty:pla).(Reith, Thomas) |
| ENDORSED ORDER granting: #7 MOTION for Thomas T. Reith to Appear Pro Hac Vice for Plaintiff Christopher B. Barkley. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court So Ordered by US Magistrate Judge Talesha L. Saint-Marc.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd) |
| ENDORSED ORDER granting: #8 MOTION for Stuti Venkat to Appear Pro Hac Vice for Plaintiff Christopher B. Barkley. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd) |
| Filing 8 MOTION for Stuti Venkat to Appear Pro Hac Vice for Plaintiff Christopher B. Barkley (Filing fee $ 100, Receipt # ANHDC-2459983.) filed by Christopher B. Barkley.Follow up on Objection on 1/11/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Affidavit of Stuti Venkat in Support of PHV Motion)(Carroll, Laura) |
| Filing 7 MOTION for Thomas T. Reith to Appear Pro Hac Vice for Plaintiff Christopher B. Barkley (Filing fee $ 100, Receipt # ANHDC-2459982.) filed by Christopher B. Barkley.Follow up on Objection on 1/11/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Affidavit of Thomas T. Reith in Support of Pro Hac Vice Motion)(Carroll, Laura) |
| Filing 6 PETITION to Attach With Notice (Trustee Process Attachment) filed by Christopher B. Barkley.Follow up on Objection on 1/29/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Summons - Waiver Summons to Trustee TD Bank, #3 Summons - Waiver Summons to Trustee Morgan Stanley)(Carroll, Laura) |
| Filing 5 PETITION to Attach With Notice (Real Estate Attachment) filed by Christopher B. Barkley.Follow up on Objection on 1/29/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Carroll, Laura) |
| Filing 4 Summonses issued electronically as to James C. Avanzino, RN Database.com LLC. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: #1 Assignment to Magistrate, #2 Notice ECF)(ed) |
| Filing 2 Diversity of Citizenship Disclosure Statement by Christopher B. Barkley identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Carroll, Laura) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ed) |
| Filing 3 NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to plaintiff for service on all parties. MJ Consent Form Due 2/15/2024.(ed) |
| Case assigned to US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:23-cv-560-TSM. Please show this number with the judge designation on all future pleadings. (ed) |
| Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 405, receipt number ANHDC-2459239 filed by James C. Avanzino. (Attachments: #1 Exhibit A: Subscription Agreement, #2 Exhibit B: Plaintiff's Payment to PV Butler, #3 Exhibit C: Payment Agreement, #4 Exhibit D: Amended Payment Agreement, #5 Exhibit E: Emails between Plaintiff and Defendants, #6 Civil Cover Sheet, #7 Summons - Waiver Summons to Defendant James C. Avanzino, #8 Summons - Waiver Summons to Defendant RN Database)(Carroll, Laura) (Additional attachment(s) added on 2/5/2024: #9 Redacted Exhibit- A, #10 redacted Exhibit-E) (bd). |
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